SMITH v. JONES


76 Misc.2d 656 (1973)

Gloria Smith, Plaintiff, v. Paul Jones, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

December 14, 1973


Attorney(s) appearing for the Case

Levy & Ledes (Gabriel I. Levy of counsel), for plaintiff. Murray J. Richmond for defendant.


SHANLEY N. EGETH, J.

In this action tried before me without a jury, the parties have stipulated to plaintiff's prima facie case. Plaintiff sues under a separation agreement, dated January 31, 1969, for support arrearages which total $6,500 through the end of November, 1973.

The defendant, who admits the delinquency in payments, asserts as a defense that the agreement is not binding by reason of undue influence, duress, and his insanity at the...

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