BERKEY v. BERKEY


24 Misc.2d 711 (1960)

Sydney J. Berkey, Plaintiff, v. Benjamin Berkey, Defendant.

Supreme Court, Special Term, New York County.

May 12, 1960.


Attorney(s) appearing for the Case

Fitelson & Mayers for defendant. Sol A. Rosenblatt and Mitchell B. Booth for plaintiff.


FREDERICK BACKER, J.

This is a motion for examination before trial and production of books and records in connection with such examination.

The action is to set aside a separation agreement on the ground of failure to disclose material facts and the physical condition of the plaintiff, which prevented her comprehension of the full import of the agreement. Plaintiff further alleges that the defendant has continually concealed the sources and extent...

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