POMERANCE v. POMERANCE


301 N.Y. 254 (1950)

Ruth Pomerance, Respondent, v. William Pomerance, Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1950


Attorney(s) appearing for the Case

Samuel Bader and Abraham Ralph Kartzman for appellant.

Morris E. Packer for respondent.

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


DESMOND, J.

Plaintiff wife brought this suit to set aside a separation agreement made between her and defendant husband. Defendant moved to dismiss the amended complaint, for alleged insufficiency. Special Term granted the motion but the Appellate Division reversed and denied it. The Appellate Division then allowed defendant an appeal to this court, certifying to us this question: "Does the amended complaint state...

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