Legal Opinion

Cavallo v. Cavallo

New York Supreme Court

Decided January 22, 1962Published

1Opinion of the CourtMario Pittoxi, J.

This is a motion for an examination before trial in an action seeldng a judgment declaring, as null and void, an Alabama divorce decree, and a separation agreement incorporated therein.

The plaintiff’s amended complaint states she was fraudulently induced to obtain the Alabama decree, which she alleges is *246invalid, and claims the separation agreement made part thereof was procured through misrepresentations made by the defendant of his assets.

The answer interposes a general denial, and sets forth affirmative defenses of estoppel, ratification, merger, and a partial defense of continued…

2Cases cited6 opinions

  1. Harding v. . HardingNew York Court of Appeals · 1923
  2. Harding v. HardingAppellate Division of the Supreme Court of the State of New York · 1922
  3. Brown v. BrownNew York Court of Appeals · 1924
  4. Rosenthal v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1930
  5. Brown v. BrownAppellate Division of the Supreme Court of the State of New York · 1924

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