Gunsberg v. Gunsberg

Plaintiff seeks an order removing an action from the County Court of Westchester to the Supreme Court of Westchester and permitting service of an amended complaint alleging additional damages sustained since the inception of the action and alleging new causes of action for (1) reformation of the contract based on fraud or mutual mistake and (2) unjust enrichment.

All the causes of action involved herein are based on a separation agreement executed by the parties on October 2, 1961, more particularly paragraphs “ 5 (h) ” of said agreement. By this clause the parties agreed that only those…