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BUCHHEIMER v. BUCHHEIMER

47 A.D.2d 732 (1975)

Arnold Buchheimer, Respondent-Appellant, v. Naomi Buchheimer, Appellant-Respondent

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

March 11, 1975

The husband instituted this action seeking to rescind a portion of a separation agreement between the parties. The wife answered and interposed a counterclaim for arrears in payments due pursuant to that same agreement. A prior grant of summary judgment dismissing the complaint was reversed by this court (42 A.D.2d 522), since the issue of reliance by the husband on alleged misrepresentations was a question of fact barring the granting...

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