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COHEN v. COHEN

1 A.D.2d 586 (1956)

Molly Cohen, Appellant, v. William Cohen, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 22, 1956.

Attorney(s) appearing for the Case

Harry Balterman of counsel (Harold S. Lazar and Harry Fromberg with him on the brief; Fromberg & Fromberg and Harold S. Lazar, attorneys), for appellant.

Morris Gottlieb for respondent.

PECK, P. J., BOTEIN and FRANK, JJ., concur in Per Curiam opinion; BREITEL, J., dissents and votes to reverse and deny the motion in opinion, in which VALENTE, J., concurs.

Per Curiam.

Plaintiff wife has brought this fraud action against her husband, alleging that in reliance upon his fraudulent misrepresentations she was induced to discontinue three pending lawsuits and assign to him her interests in a partnership and in certain corporations. The sole and only misrepresentation attributed to defendant is that he stated "he would effect a reconciliation with plaintiff, return to live...

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