CARLINGER v. CARLINGER


21 A.D.2d 656 (1964)

Hilda Carlinger, Appellant, v. Philip Carlinger, Respondent

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

May 19, 1964


Order, entered on October 17, 1963, granting defendant's motion to dismiss the second amended complaint for insufficiency, unanimously reversed, on the law, with costs to abide the event, and the motion to dismiss is denied.

In the first cause of action plaintiff seeks damages of $15,000 based on alleged fraud on the part of her husband in inducing her to enter into a separation agreement in 1954. The second cause relying on the alleged fraud prays for a rescission...

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