Morris v. Baird

Action to have a conveyance of real property by the plaintiff to the defendant declared void and to compel a reconveyance of the property on the ground that the original conveyance was procured by fraud in connection with a promise of marriage, and that the parties have mutually agreed to rescind the contract of marriage. Order denying motion to dismiss the complaint reversed on the law, with $10 costs and disbursements, the motion granted, and the complaint dismissed, without costs. The maintenance of this action is barred. (Civ. Prac. Act, art. 2-A; Josephson v. Dry Dock Savings Institution, 292 N. Y. 666 ; Andie v. Kaplan, 263 App. Div. 884 , affd. 288 N. Y. 685 .) The cases relied on to the contrary were decided prior to the foregoing. Hagarty, Acting P. J., Carswell, Johnston, Adel and Lewis, JJ., concur. .