WEINTRAUB v. WEINTRAUB


302 N.Y. 104 (1951)

Rose M. Weintraub, Appellant, v. Max W. Weintraub, Respondent.

Court of Appeals of the State of New York.

Decided January 18, 1951


Attorney(s) appearing for the Case

John B. Wheeler for appellant.

William E. Friedman and Leonard L. Berliner for respondent.

LOUGHRAN, Ch. J., CONWAY, DYE, FULD and FROESSEL, JJ., concur in opinion by LEWIS, J.; DESMOND, J., dissents in opinion.


LEWIS, J.

Our inquiry goes to the legal sufficiency of the complaint. The action is one by which the plaintiff demands of the defendant, her former husband, $100,000 damages based upon his alleged fraud in inducing her to enter into an agreement during the pendency of a divorce action which she successfully prosecuted in 1944 in the Chancery Court of New Jersey.

The fraud alleged is that, for the purpose...

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