Legal Opinion · Dissent

Harris v. Harris

Appellate Division of the Supreme Court of the State of New York

Decided March 12, 1981Published

1DissentLynch, J.

In her counterclaim seeking to set aside the separation agreement, the wife has alleged that the husband induced her to enter into the agreement by false representations of his emotional problems, the extent of the treatment he was undergoing for these problems, and, particularly, his financial inability to support her and continue with the necessary treatment. I cannot agree with the majority that these allegations, if proven, would be so insubstantial as to warrant denial of relief to the wife. Misrepresentation of a husband’s financial condition has long been grounds for setting aside a…

2Cases cited4 opinions

  1. Ducas v. DucasAppellate Division of the Supreme Court of the State of New York · 1916
  2. Ducas v. GuggenheimerNew York Supreme Court · 1915
  3. Frank v. FrankAppellate Division of the Supreme Court of the State of New York · 1944
  4. Sumereau v. SumereauAppellate Division of the Supreme Court of the State of New York · 1980

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