New York Court of Appeals, 1968

Meister v. McAuliffe

Meister v. McAuliffe
New York Court of Appeals · Decided April 11, 1968
21 N.Y.2d 972; 237 N.E.2d 363; 290 N.Y.S.2d 202; 1968 N.Y. LEXIS 1455

Meister v. McAuliffe

Opinion of the Court

Order affirmed, without costs; no opinion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Judge Keating dissents and votes to reverse and deny the motion to dismiss the complaint on the ground that the complaint and buttressing affidavits are sufficient to present a triable issue as to whether the foreign divorce decree and rescission of the separation agreement were induced by the coercion, duress, fraud and breach of confidential relationship on the part of decedent husband (Averbuck v. Averbuck, 270 App. Div. 116; cf. Cohn v. Lionel Corp., 21 N Y 2d 559).

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