Appellate Division of the Supreme Court of New York, 1944

Sherman v. Sherman

Sherman v. Sherman
Appellate Division of the Supreme Court of New York · Decided February 21, 1944
267 A.D. 884; 47 N.Y.S.2d 319; 1944 N.Y. App. Div. LEXIS 5301
Sherman v. Sherman

Opinion of the Court

In an action to annul a marriage on the ground of fraud, judgment dismissing the complaint affirmed, without costs. (Boyd v. Boyd, 252 N. Y. 422.) No opinion. Carswell, Johnston and Lewis, JJ., concur; Close, P. J., and Aldrich, J., dissent and vote to reverse the judgment and to direct judgment in favor of the plaintiff, on the ground that the uneontroverted testimony conclusively established the fraud alleged. (Kaltner v. Kaltner, 268 N. Y. 293.)

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