Cohen v. Cohen

Breitel, J. (dissenting).

I dissent and vote to reverse and deny the motion to dismiss the complaint for insufficiency.

Special Term held and the majority of this court is now holding by implication, albeit very much qualified, that one who fraudulently obtains a written agreement may obtain immunity for his fraud by including in such agreement a clause denying that any representation was made with respect to the matter alleged to constitute the fraud. This is decided on the pleading alone, the allegations of which we are bound to take as true.

That has never been the law in this State, and…