McAvoy v. McAvoy

Judgment and order reversed on the law and facts, without costs of this appeal to either party, and complaint dismissed, without costs. Certain findings of fact disapproved and reversed and new findings made. Memorandum: The evidence in this case does not establish that plaintiff was under any duress, coercion or restraint, or that any misrepresentation or fraud was practiced upon her at the time the parties entered into the separation agreement on May 17, 1944. As a matter of fact, she was represented in the transaction by an attorney of her own choice. While the amount agreed upon therein…