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264 A.D. 369

In re Burnham

Appellate Division of the Supreme Court of the State of New York · decided 1942-06-19

Decided 1942-06-19

Per Curiam.

¶1There is no evidence whatever of duress. Assuming overreaching or fraud in the procurement of the original retainer, the evidence establishes petitioner’s repeated ratification over a period of years, when the terms of the retainer were fully understood by her, and also inexcusable laches in instituting this proceeding.

¶2The decree appealed from should be reversed, without costs, and the petition dismissed.

¶3Glennon, Untermyer and Dore, JJ., concur; Martin, P. J., and Townley, J., dissent and vote to affirm.

¶4Decree reversed, without costs, and the petition dismissed.

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