In Re Marriage of Lane

Husband appeals a postdissolution judgment against him and in favor of wife for breach of warranty of a provision in their marital settlement agreement.

Husband and wife married in 1967 and separated on September 15, 1975. Two months later they met with Michael Cohen, an attorney. The parties brought a proposed settlement with them hoping Cohen could represent both. However, Cohen explained he could not and, because he had previously represented husband, suggested wife seek her own counsel. Wife retained Gerald Newhouse. At the first meeting on December 15, 1975, she gave him financial information which husband had provided to her.

The two attorneys thereafter entered into settlement negotiations. On December 30, 1975, they met with husband. Additional financial information was given by husband to Newhouse who said he needed still more documentation.

Wife filed the dissolution action on January 5, 1976. She hired an appraiser to review the documentation supplied by husband and to render an opinion concerning the value of certain of the parties’ assets.

After continued negotiations, the parties executed a marital settlement agreement on April 5, 1976. The interlocutory…