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MATTHEWS v. SCHUSHEIM

42 A.D.2d 217 (1973)

Dorothea K. Matthews, Respondent-Appellant, v. Joseph Schusheim et al., Appellants-Respondents, et al., Defendants

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

July 16, 1973.

Attorney(s) appearing for the Case

Fuchsberg & Fuchsberg and Ward R. Burns (Jacob D. Fuchsberg and Irving Lemov of counsel), for appellants-respondents.

Anderman, Povman & Warren (Arthur A. Anderman of counsel), for respondent-appellant.

LATHAM, Acting P. J., SHAPIRO, BRENNAN and BENJAMIN, JJ., concur in Per Curiam opinion; CHRIST, J., dissents and votes to affirm the judgment insofar as appealed from, with an opinion.

Per Curiam.

The principal issue on this appeal is whether the financial misrepresentations of the defendant Mark Matthews, the plaintiff's former husband, were a substantial factor in causing the plaintiff to execute a separation agreement dated October 16, 1950. In other words, did the plaintiff rely on this defendant's misrepresentations as a matter of fact? In our opinion, the plaintiff did not rely upon these financial...

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