Appellate Division of the Supreme Court of New York, 1955

Crocilla v. Crocilla

Crocilla v. Crocilla
Appellate Division of the Supreme Court of New York · Decided March 21, 1955
285 A.D. 970; 138 N.Y.S.2d 721
Crocilla v. Crocilla

Opinion of the Court

In an action for an annulment and for other relief, the defendant appeals from an order awarding alimony and counsel fees. Order reversed, without costs, and motion denied, without costs. Aside from the alleged declaration or confession of the defendant, and her own statement, plaintiff has set forth nothing that will be other evidence of the facts necessary to be established to obtain an annulment of the marriage. (Civ. Prac. Act, § 1143; cf. Be Baillet-Latour v. Be Baillet-Latour, 301 N. Y. 428.) Moreover, she does not allege that she has no income. Neither is there any contradiction by her of the statements by the defendant as to what was determined as to his and her income in the Domestic Relations Court, and their contribution to the business for which in her complaint she alleges she furnished $10,000. Wenzel, Acting P. J., MacCrate, Schmidt, Beldock and Ughetta, JJ., concur.

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