Shapiro v. Shapiro

In a divorce action, the defendant appeals from an order of the Supreme Court, Rockland County (Daronco, J.), entered September 9, 1980, which denied his motion to dismiss the second cause of action for legal insufficiency. Order reversed, on the law, without costs or disbursements, and defendant’s motion granted. Absent factual allegations in plaintiff’s second cause of action demonstrating that because of either mutual mistake, mistake and fraud, or inherent ambiguity, the separation agreement fVied to express the intent of the parties concerning child support, it was insufficient on its…