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MEISTER v. McAULIFFE

21 N.Y.2d 972 (1968)

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

Court of Appeals of the State of New York.

Decided April 11, 1968.

Attorney(s) appearing for the Case

Benjamin Heller and Samuel Schacter for appellant.

Edward F. Vaughan and James N. Vaughan for respondents.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Dissent: Judge KEATING.

Order affirmed, without costs; no opinion.

Judge KEATING dissents and votes to reverse and deny the motion to dismiss the complaint on the ground that the complaint and buttressing affidavits are sufficient to present a triable issue as to whether the foreign divorce decree and rescission of the separation agreement were induced by the coercion, duress, fraud and breach of confidential relationship on the part of decedent husband (Averbuck v. Averbuck...

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