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Boudin v. Clarren

289 N.Y. 724 Court N.Y. Decision date 1942-12-03 English

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Majority

p. 724
Anna P. Boudin, Appellant, v. Harry Clarren, Respondent. In the Matter of Harry Clarren, Respondent; Anna P. Boudin, Appellant.
Argued October 13, 1942;
decided December 3, 1942.
p. 725
Louis B. Boudin for appellant.
Matthew H. Rosenblum for respondent.

Judgment affirmed, with costs. Order affirmed, with costs. No opinion.

Concur: Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ. Dissenting: Lehman, Ch. J., on the ground that the appellant is entitled to a trial of the question whether the contract was obtained by fraud, and a trial may not be denied to her even assuming that her affidavits show there is no substantial ground for her claim.