Kellner v. Kellner

Defendant moves to dismiss this complaint on the ground that it seeks to compel performance of an asserted promise made orally in consideration of marriage which the law says is enforcible only when committed to writing (Personal Property Law, § 31, subd. 3).

Plaintiff husband asserts that “ prior to their marriage the plaintiff and defendant entered into an agreement whereby, in consideration of plaintiff’s marrying the defendant, it was agreed as follows: * * Then follow averments that the parties (being of different religious faiths) agreed that they would be married in accordance with and…