Legal Opinion

Auleta v. Bernadin

New York Supreme Court

Decided March 24, 1982PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Herbert A. Posner, J.

The plaintiff seeks to recover $2,200 on the basis of a three-page written agreement “knowingly” entered into by two “consenting” adults. However, beyond the written agreement itself lies a tale which includes romance, passion, adultery, illegitimacy and assertions of forgery, duress and fraud.

This action was tried, without a jury, in the Civil Court but was transferred, by consent, to the Supreme Court after the Trial Judge was sworn in as a Justice of the Supreme Court. This transfer permits the Trial Judge to render a decision in the case, thereby…

2Cases cited4 opinions

  1. Kagen v. KagenNew York Court of Appeals · 1968
  2. Commissioner of Public Welfare v. KoehlerNew York Court of Appeals · 1940
  3. Haag v. BarnesNew York Court of Appeals · 1961
  4. Bacon v. BaconNew York Court of Appeals · 1979

3Cited by3 opinions

  1. Sandy M. v. Timothy J.New York City Family Court · 1988
  2. Department of Social Services of Jefferson County v. OverdorfAppellate Division of the Supreme Court of the State of New York · 1985
  3. Kingston v. VadalaNew York City Family Court · 1991

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