McGAHEE v. KENNEDY


48 N.Y.2d 832 (1979)

Carolyn V. McGahee, Appellant, v. F. Keith Kennedy, Respondent.

Court of Appeals of the State of New York.

Decided November 27, 1979.


Attorney(s) appearing for the Case

Donald M. Sukloff for appellant.

Maurice P. O'Brien for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs; plaintiff's motion for summary judgment is granted and the case is remitted to Supreme Court, Broome County, for an assessment of damages. The question certified is answered in the negative.

Defendant claims that his assent to the terms of the separation agreement of November 14, 1974 was not voluntary but was the result of coercive actions...

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