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Baron v. Baron

Richard W. Baron v. Pamela S. Baron

Baron v. Baron, 20 A.D.2d 770 (1964)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
March 12, 1964
Citations
20 A.D.2d 770247 N.Y.S.2d 10031964 N.Y. App. Div. LEXIS 4233

Opinion of the Court

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Order, entered October 15, 1963, granting defendant’s motion to dismiss the complaint on the ground that it does not sufficiently state a cause of action unanimously affirmed, with $20 costs and disbursements to defendant-respondent. The determination is, of course, without prejudice to plaintiff pleading in any other action, if he can, a proper cause of action which alleges ultimate facts that the Mexican judgment and the separation agreement were invalid, by reason of duress or otherwise. Concur—Botein, P. J., Breitel, Valente, Eager and Steuer, JJ.

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