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TUCK v. TUCK

18 A.D.2d 101 (1963)

Sharon K. K. Tuck, Respondent, v. Frederick Tuck, Iii, Appellant

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

March 5, 1963.

Attorney(s) appearing for the Case

Raphael P. Koenig of counsel (Jerome R. Halperin with him on the brief; Koenig & Ratner, attorneys), for appellant.

Edward R. Downing of counsel (John A. Gleason with him on the brief), for respondent.

RABIN, J. P., and STEUER, J., concur with EAGER, J.; McNALLY, J., dissents in opinion in which VALENTE, J., concurs.

EAGER, J.

The appeal here is from an order denying a motion to dismiss, for alleged insufficiency on the face thereof, the plaintiff's first alleged cause of action. The position of the defendant is that the cause of action is in the nature of one to recover for seduction or breach of promise to marry and, as such, is outlawed by article 2-A of the Civil Practice Act.

The complaint alleges that "on or...

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