Appellate Division of the Supreme Court of New York, 1944

Malachick v. Malachick

Malachick v. Malachick
Appellate Division of the Supreme Court of New York · Decided December 1, 1944
268 A.D. 963; 52 N.Y.S.2d 564; 1944 N.Y. App. Div. LEXIS 4417
Malachick v. Malachick

Opinion of the Court

Interlocutory judgment reversed, without costs, and judgment directed in favor of the defendant dismissing the complaint, without costs, upon the ground that no cause of action for the annulment of the marriage was established. Settle order on notice, reversing findings inconsistent with this determination and making such new findings of fact proved upon the trial as are necessary to sustain the judgment hereby awarded. Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.; Callahan, J., dissents and votes to affirm.

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