Appellate Division of the Supreme Court of New York, 1937

Baustein v. Baustein

Baustein v. Baustein
Appellate Division of the Supreme Court of New York · Decided December 30, 1937
253 A.D. 765; 300 N.Y.S. 1120; 1937 N.Y. App. Div. LEXIS 5503
Baustein v. Baustein

Opinion of the Court

In an action brought by the appellant, wife, to annul her marriage to the defendant on the ground of fraud, judgment dismissing the complaint at the close of plaintiff’s proofs reversed on the.law and a new trial granted, with costs to appellant to abide the event. Findings of fact and conclusions of law as made reversed for the purposes of a new trial. In our opinion, the plaintiff proved a prima fade case. (Shonfeld v. Shonfeld, 260 N. Y. 477, 479, 480.) Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

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