In our opinion, there was a complete failure to prove the fraud or misrepresentations alleged. Moreover, petitioner could not affirm the agreement in part and disaffirm it in part (cf. Cobb v. Hatfield, 46 N. Y. 533, 536-537). Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur. [26 Misc 2d 471.]
In re the Estate of Nelson
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1962-03-12
Citations: 15 A.D.2d 932, 225 N.Y.S.2d 982, 1962 N.Y. App. Div. LEXIS 11025
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