Appellate Division of the Supreme Court of New York, 1928

McCanliss v. McCanliss

McCanliss v. McCanliss
Appellate Division of the Supreme Court of New York · Decided May 15, 1928
224 A.D. 668
McCanliss v. McCanliss

Opinion of the Court

Order, in so far as appealed from, reversed upon the law and the facts, with ten dollars costs and disbursements, and so much of the motion as was denied, granted, with ten dollars costs. We are of opinion that the defense of voluntary cohabitation with full knowledge of the facts is one upon which defendant has the affirmative, and she is, therefore, entitled to examine plaintiff before trial to establish that defense. Lazansky, P. J., Kapper, Hagarty, Carswell and Seudder, JJ., concur.

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