Pomerance v. Pomerance

Plaintiff wife brought this suit to set aside a separation agreement made between her and defendant husband. Defendant moved to dismiss the amended complaint, for alleged insufficiency. Special Term granted the motion but the Appellate Division reversed and denied it. The Appellate Division then allowed defendant an appeal to this court, certifying to us this question: ‘ Does the amended complaint state facts sufficient to constitute a cause of action? ”

The pleading is a wordy one, and not a perfect example of what section 241 of the Civil Practice Act demands, i.e., “ a plain and concise…