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Meister v. McAuliffe

21 N.Y.2d 972 Court N.Y. Decision date 1968-04-11 English

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p. 972
Bertha W. Meister, Appellant, v. Eugene B. McAuliffe et al., as Preliminary Executors of Anton Meister, Deceased, Respondents.
Argued February 29, 1968;
decided April 11, 1968.
p. 974
Benjamin Heller and Samuel Schacter for appellant.
Edward F. Vaughan and James N. Vaughan for respondents.

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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