SHAPIRO v. SHAPIRO


84 A.D.2d 534 (1981)

Betty Shapiro, Respondent, v. Rubin N. Shapiro, Appellant

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

October 5, 1981


Order reversed, on the law, without costs or disbursements, and defendant's motion granted.

Absent factual allegations in plaintiff's second cause of action demonstrating that because of either mutual mistake, mistake and fraud, or inherent ambiguity, the separation agreement failed to express the intent of the parties concerning child support, it was insufficient on its face to state a cause of action for child support "in accordance with the financial circumstances...

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