McGahee v. Kennedy
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- Lewis v. Rutkovsky (Appellate Division of the Supreme Court of New York 2017)
- Gottlieb v. Gottlieb (Appellate Division of the Supreme Court of New York 2016)
- Sofsky v. Rosenberg (N.Y. 1990)
- Kaufman v. Boies Schiller Flexner LLP (New York Supreme Court, New York County 2024)
- Little West 12th Street Realty L.P. v. Inconiglios (Civil Court of the City of New York 2008)
- Townhouse West, LLC v. Williams (Civil Court of the City of New York 2008)
- Marotta v. Dinozzi (Appellate Division of the Supreme Court of New York 2001)
- Bracci v. Chiccarelli (Mass. App. Ct. 2001)
- South End Distributing Corp. v. Hornell Brewing Co. (New York Supreme Court 1999)
- Belgian Endive Marketing Board, Inc. v. American Airlines (Civil Court of the City of New York 1996)
- Sisler v. Security Pacific Business Credit, Inc. (Appellate Division of the Supreme Court of New York 1994)
- Springer v. Grattan-Arnoff (Appellate Division of the Supreme Court of New York 1991)
- Buckley v. Chevron, U.S.A., Inc. (New York Supreme Court 1991)
- Sosa v. Joyce Beverages, Inc. (Appellate Division of the Supreme Court of New York 1990)
- Hummel v. Hummel (Appellate Division of the Supreme Court of New York 1990)
- Sofsky v. Rosenberg (Appellate Division of the Supreme Court of New York 1990)
- Rodriguez v. City of New York (New York Supreme Court 1990)
- SSDW Co. v. Feldman-Misthopoulos Associates (Appellate Division of the Supreme Court of New York 1989)
- Bankers Trust Co. v. Stahl (Appellate Division of the Supreme Court of New York 1988)
- Green v. Fischbein (Appellate Division of the Supreme Court of New York 1987)
- Saunder v. Baryshnikov (Appellate Division of the Supreme Court of New York 1985)
- Dalpe v. Dalpe (Appellate Division of the Supreme Court of New York 1983)
- Levine v. Levine (N.Y. 1982)
- Santora v. Santora (Appellate Division of the Supreme Court of New York 1982)
- Bull v. Bull (Appellate Division of the Supreme Court of New York 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs; plaintiff’s motion for summary judgment is granted and the case is remitted to Supreme Court, Broome County, for an assessment of damages. The question certified is answered in the negative.
Defendant claims that his assent to the terms of the separation agreement of November 14, 1974 was not voluntary but was the result of coercive actions of plaintiff. This original *834 agreement was subsequently modified by instruments dated March 12, 1975 and October 21, 1975, the latter stating that "[a]ll other terms, conditions and covenants contained in the Separation Agreement and the Amendment to the Separation Agreement [dated March 12, 1975] are to remain in full force and effect.” Although defendant stated that plaintiff had continued her threats during the period of this second modification, he failed to give details of the alleged coercive conduct and did not tie that conduct to his assent with any degree of specificity. The purely conclusory statements that his assent to said modification was a result of plaintiff’s coercive influence are insufficient. While the courts will scrutinize carefully the circumstances surrounding the execution of a separation agreement (Christian v Christian, 42 NY2d 63), defendant has not come forward with an evidentiary showing on this crucial issue such as to warrant denial of a motion for summary judgment (see Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065; Indig v Finkelstein, 23 NY2d 728).
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.
Order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.