From Casetext: Smarter Legal Research

Glaser v. Glaser

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1987
127 A.D.2d 741 (N.Y. App. Div. 1987)

Opinion

February 17, 1987

Appeal from the Supreme Court, Nassau County (Robbins, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff wife alleges in her amended complaint in this action for rescission of the separation agreement between herself and the defendant husband that (1) at the time of the execution of the agreement she was under the influence of cocaine and lacked the capacity to enter into a contract, and (2) that the agreement was fraudulently obtained. Neither cause of action may withstand the defendant's motion pursuant to CPLR 3211 (a) (7) to dismiss for failure to state a cause of action.

Assuming for the purposes of argument that the plaintiff was under the influence of cocaine at the time of the execution of the agreement, she acquiesced in the agreement and received benefits under it for a considerable period of time subsequent to being under the influence of cocaine and by her actions ratified the agreement (see, Beutel v. Beutel, 55 N.Y.2d 957, 958; Sheindlin v. Sheindlin, 88 A.D.2d 930, 931). Further, the plaintiff's cause of action sounding in fraud was not alleged with sufficient particularity to comply with CPLR 3016 (b) (see, Greschler v. Greschler, 71 A.D.2d 322, 324-325, mod on other grounds 51 N.Y.2d 368). Mangano, J.P., Bracken, Niehoff and Eiber, JJ., concur.


Summaries of

Glaser v. Glaser

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1987
127 A.D.2d 741 (N.Y. App. Div. 1987)
Case details for

Glaser v. Glaser

Case Details

Full title:ROBERTA GLASER, Respondent, v. RICHARD GLASER, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 17, 1987

Citations

127 A.D.2d 741 (N.Y. App. Div. 1987)

Citing Cases

Patterson v. the Mortgage Zone

It is well settled that "[t]o establish a prima facie case of negligence, a plaintiff must demonstrate the…

Weissman v. Weissman

Further, the plaintiff failed to carry her burden of demonstrating that she lacked the mental capacity to…