Muthig v. Muthig

Appellate Division of the Supreme Court of New York

Muthig v. Muthig

282 A.D. 848, 124 N.Y.S.2d 246, 1953 N.Y. App. Div. LEXIS 5170

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 30, 1953

StatusPublished

This text of 282 A.D. 848 (Muthig v. Muthig) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Muthig v. Muthig, 282 A.D. 848, 124 N.Y.S.2d 246, 1953 N.Y. App. Div. LEXIS 5170 (N.Y. Ct. App. 1953).

Pincite

Opinion

Plaintiff has appealed from an order of Sullivan County Court which denied her motion for summary judgment. Plaintiff had brought action upon a separation agreement. Defendant’s amended answer, apart from denials, in four separate defenses and a counterclaim, alleges, among other matters, payment as well as fraud in the procuring of the agreement in suit by representations known to her to be false and untrue and made with intent to deceive defendant. The issues were tried at a Trial Term of the County Court and a verdict rendered by the jury in favor of the defendant. The verdict was set aside and a mistrial declared. The record discloses a triable issue of fact. Order unanimously affirmed, with $10 costs. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Plaintiff has appealed from an order of Sullivan County Court which denied her motion for summary judgment. Plaintiff had brought action upon a separation agreement. Defendant’s amended answer, apart from denials, in four separate defenses and a counterclaim, alleges, among other matters, payment as well as fraud in the procuring of the agreement in suit by representations known to her to be false and untrue and made with intent to deceive defendant. The issues were tried at a Trial Term of the County Court and a verdict rendered by the jury in favor of the defendant. The verdict was set aside and a mistrial declared. The record discloses a triable issue of fact. Order unanimously affirmed, with $10 costs. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Bluebook (online)

282 A.D. 848, 124 N.Y.S.2d 246, 1953 N.Y. App. Div. LEXIS 5170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muthig-v-muthig-nyappdiv-1953.