Baron v. Baron

Appellate Division of the Supreme Court of New York

Baron v. Baron

20 A.D.2d 770, 247 N.Y.S.2d 1003, 1964 N.Y. App. Div. LEXIS 4233

Procedural entryThis page is a short order in Baron v. Baron. Read the opinion of the Court — 27 A.D.2d 723 →

Appellate Division of the Supreme Court of the State of New York·Decided March 12, 1964·Published

Opinion

Order, entered October 15, 1963, granting defendant’s motion to dismiss the complaint on the ground that it does not sufficiently state a cause of action unanimously affirmed, with $20 costs and disbursements to defendant-respondent. The determination is, of course, without prejudice to plaintiff pleading in any other action, if he can, a proper cause of action which alleges ultimate facts that the Mexican judgment and the separation agreement were invalid, by reason of duress or otherwise. Concur—Botein, P. J., Breitel, Valente, Eager and Steuer, JJ.

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Order, entered October 15, 1963, granting defendant’s motion to dismiss the complaint on the ground that it does not sufficiently state a cause of action unanimously affirmed, with $20 costs and disbursements to defendant-respondent. The determination is, of course, without prejudice to plaintiff pleading in any other action, if he can, a proper cause of action which alleges ultimate facts that the Mexican judgment and the separation agreement were invalid, by reason of duress or otherwise. Concur—Botein, P. J., Breitel, Valente, Eager and Steuer, JJ.

Baron v. Baron, 20 A.D.2d 770, 247 N.Y.S.2d 1003, 1964 N.Y. App. Div. LEXIS 4233 (N.Y. Ct. App. 1964).

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