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Lotterle v. Lotterle

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1926
216 App. Div. 760 (N.Y. App. Div. 1926)

Opinion

March, 1926.


Order affirmed, with ten dollars costs and disbursements. The order amending the judgment was entered pursuant to a stipulation of the parties on March 4, 1912. This amended judgment, if not valid, was voidable only. For nearly twelve years the judgment so amended has been complied with and recognized as valid by both parties. Plaintiff failed in her effort to show that the amendment of the judgment was the result of fraud or duress. Under such circumstances equity will not grant her the relief sought. Kelly, P.J., Jaycox, Manning and Young, JJ., concur; Rich, J., concurs on the ground of plaintiff's laches.


Summaries of

Lotterle v. Lotterle

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1926
216 App. Div. 760 (N.Y. App. Div. 1926)
Case details for

Lotterle v. Lotterle

Case Details

Full title:MINNIE LOTTERLE, Appellant, v. EDWARD LOTTERLE, Respondent

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

Date published: Mar 1, 1926

Citations

216 App. Div. 760 (N.Y. App. Div. 1926)