Appellate Division of the Supreme Court of New York, 1942

Miller v. Miller

Miller v. Miller
Appellate Division of the Supreme Court of New York · Decided March 23, 1942
263 A.D. 1014; 34 N.Y.S.2d 416; 1942 N.Y. App. Div. LEXIS 7895
Miller v. Miller

Opinion of the Court

In an action for a separation, in which the defendant counterclaimed for an annulment, an interlocutory judgment was entered after trial, granting an annulment and dismissing the complaint. Interlocutory judgment unanimously affirmed, without costs. There is ample evidence to support the findings of the trial court. It is not necessary, therefore, to pass upon the question of estoppel. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ.

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