Hoops v. Hoops
New York Court of Appeals
In the absence of fraud or duress the court was powerless to set aside an equitable settlement of the rights of the parties made in good faith. (Heflin v. Heflin, 177 Mise. 290, 263 App. Div. 714; Fox v. Fox, 263 N. Y. 68; Levy v. Dochenclorff, 177 App. Div. 249 ; 0ray v. Gray, 149 Mise. 273; Ostrin v. Posner, 127 Mise. 313; People v. Schenkel, 258 N. Y. 224; Matter of Estate of Ensign, 103 N. Y. 284; Smith v. Smith, 11 Jones & Sp. 140; Greenfield v. Greenfield, 161 App.
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In the absence of fraud or duress the court was powerless to set aside an equitable settlement of the rights of the parties made in good faith. (Heflin v. Heflin, 177 Mise. 290, 263 App. Div. 714; Fox v. Fox, 263 N. Y. 68; Levy v. Dochenclorff, 177 App. Div. 249 ; 0ray v. Gray, 149 Mise. 273; Ostrin v. Posner, 127 Mise. 313; People v. Schenkel, 258 N. Y. 224; Matter of Estate of Ensign, 103 N. Y. 284; Smith v. Smith, 11 Jones & Sp. 140; Greenfield v. Greenfield, 161 App. Div. 573; Van Ness v. Ransom, 164 App. Div. 483; Parsons v. Macfarlane, 220 N. Y. 605; Matter of Pet. of N. Y., L. & W. R.…
1Opinion of the CourtEippey, J.
The parties to this action were married on May 1, 1923. There is no issue of the marriage. In May, 1934, plaintiff commenced an action against the defendant in this State for an absolute divorce and, in due course, procured an interlocutory decree on January 15, 1936, in which the defendant was directed to pay to the plaintiff the sum of thirty-five dollars per week for her support and maintenance. The interlocutory decree became final on April 15, 1936 (Civ. Prac. Act, § 1176).
The alimony payments as directed by the decree were paid until the summer of 1939, when defendant fell in arrears…
2Cases cited5 opinions
- Fox v. FoxNew York Court of Appeals · 1933
- In Re the Accounting of MengNew York Court of Appeals · 1919
- Waddey v. WaddeyNew York Court of Appeals · 1943
- Heflin v. HeflinNew York Supreme Court · 1941
- Heflin v. HeflinAppellate Division of the Supreme Court of the State of New York · 1941
3Cited by30 opinions
- Lynn v. LynnNew York Court of Appeals · 1951
- Pajak v. PajakNew York Court of Appeals · 1982
- Kraunz v. KraunzNew York Court of Appeals · 1944
- Ferro v. BolognaNew York Court of Appeals · 1972
- Estate of Fabrikant v. CommissionerUnited States Tax Court · 1963
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