7 A.D.2d 769 | N.Y. App. Div. | 1958
Appeal from an order of Special Term, Supreme Court, Albany County. In this action in equity by the mother of a child against defendant, a charitable corporation authorized by the Department of Social Welfare to place children for adoption, relief is sought invalidating and setting aside documents executed by the mother consenting to the placement of a child for adoption. The complaint has been dismissed by the court at Special Term on a motion addressed to the pleadings. The complaint does not allege any fraud, coercion, or wrongdoing by defendant in the execution of the surrender documents. It alleges, rather, that plaintiff’s husband coerced and induced the execution of the documents, and that plaintiff executed them under conditions of pain and sedation, which made her incompetent to understand the full import of her act. No allegation is made that defendant had any knowledge of these conditions as alleged; or participated in this; it is