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Gavazzi v. Gifford

252 A.D. 757 Court N.Y. App. Div. Decision date 1937-10-08 English

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p. 757
Constantino Gavazzi, as Ancillary Executor, etc., of Eugenia Gifford, Also Known as Eugenia Sutherland, Deceased, Respondent, v. George H. Gifford, Appellant.

Action on a separation agreement for a claimed unpaid balance of “ principal indebtedness ” recited as due thereunder from the defendant to the plaintiff’s decedent. Order denying defendant’s motion to dismiss the complaint on the ground it fails to state a cause of action affirmed, with ten dollars costs and disbursements, with leave to defendant to answer within ten days from the entry of the order hereon. No opinion. Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.