Legal Opinion
Smith v. Jones
Civil Court of the City of New York
Decided December 14, 1973PublishedCited by 10 opinions
1Opinion of the Court
' Shanley N. Egeth, J.
In this action tried before me without a jury, the parties have stipulated to plaintiff’s prima facie case. Plaintiff sues under a separation agreement, dated January 31, 1969, for support arrearages which total $6,500 through the end of November, 1973.
The defendant, who admits .the delinquency in payments, asserts as a defense that the agreement is not binding by reason of undue influence, duress, and his insanity at the time .of execution of the separation agreement. A counterclaim for $22,500 for the recovery of moneys paid under the agreement, was reduced to $10,000…
2Cases cited9 opinions
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- In re the Arbitration between Minkin & HalperinNew York Court of Appeals · 1952
- In re the Arbitration between Minkin & HalperinAppellate Division of the Supreme Court of the State of New York · 1951
- In re the Accounting of BishopNew York Surrogate's Court · 1943
- Sylvan Mortgage Co. v. StadlerAppellate Terms of the Supreme Court of New York · 1921
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Prudential Insurance Co. of America v. BMC Industries, Inc.District Court, S.D. New York · 1986
- National Auto Brokers Corp. v. Aleeda Development Corp.Superior Court of Pennsylvania · 1976
- Carver v. Apple Rubber Products Corp.Appellate Division of the Supreme Court of the State of New York · 1990
- Harrison v. GrobeDistrict Court, S.D. New York · 1992
- Taddeo v. TaddeoSupreme Court of Vermont · 1982
5 more not listed; retrieve them via the Exa API.