Legal Opinion · Dissent

Packer v. Packer

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

Decided November 26, 1996Published

1Dissent

Sullivan, J. P., dissents in a memorandum as follows:

I would modify the IAS Court’s order to broaden the scope of plaintiff’s deposition to include questions relating to the source of funds used to purchase the property in Quogue.

Plaintiff seeks to set aside the parties’ separation agreement, i.e., the stipulation of settlement, which was incorporated, but not merged, into the judgment of divorce, on the grounds of, inter alia, fraud, overreaching, unconscionability and duress. Defendant argues that, in view of plaintiff’s claims that she could not hire a lawyer because she had no money* and…

2Cases cited5 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Garguilio v. GarguilioAppellate Division of the Supreme Court of the State of New York · 1990
  3. Kaufman v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1986
  4. Pentecost v. PentecostAppellate Division of the Supreme Court of the State of New York · 1986
  5. Lazarus v. LazarusAppellate Division of the Supreme Court of the State of New York · 1985

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