MEISTER v. McAULIFFE


27 A.D.2d 914 (1967)

Bertha W. Meister, Respondent, v. Eugene B. McAuliffe et al., as Preliminary Executors of Anton Meister, Deceased, Appellants

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

April 18, 1967


Order dated December 23, 1966, to the extent appealed from, unanimously reversed, on the law, and the second amended complaint dismissed, without costs or disbursements.

In our opinion the charges of fraud, duress and breach of confidential relationship are not of the kind sufficient to bring plaintiff's case within the doctrine of Averbuck v. Averbuck (270 App...

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