Avitzur v. Avitzur

Levine, J. (dissenting).

Of course, for purposes of this motion to dismiss the complaint, plaintiff’s pleadings and supporting papers must be accepted as true and are entitled to every legitimate inference to be drawn therefrom. We must, therefore, accept as established (1) that there was an actual meeting of the minds between the parties as to the portion of the Ketubah in which they mutually undertook to obtain a Get in the event of a civil divorce, and that their promises were supported by consideration; (2) that defendant’s involvement in obtaining the Get could be as minimal as merely…