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Ortelere v. Teachers' Retirement Board of the City of New York

Court of Appeals of New York

250 N.E.2d 460 (1969)

Relevant factsFree

Mrs. Ortelere, after suffering a diagnosed psychotic breakdown requiring shock therapy and never being cleared to return to work, elected shortly before her leave expired to switch her retirement payout to maximize monthly income while eliminating any death benefit for her husband, and died two months later of an unrelated condition; the trial court found her incompetent and voided the election, but the Appellate Division reversed for insufficient evidence under the traditional complete-incomprehension standard.

IssueFree

Whether a contract can be voided because a party is unable to understand the transaction and the other party knew or had reason to know of the incapacity.

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