Appellate Division of the Supreme Court of New York, 1962

Rosenstiel v. Rosenstiel

Rosenstiel v. Rosenstiel
Appellate Division of the Supreme Court of New York · Decided June 19, 1962
16 A.D.2d 909; 1962 N.Y. App. Div. LEXIS 9115
Rosenstiel v. Rosenstiel

Opinion of the Court

Order entered on May 14, 1962, granting defendant’s motion to dismiss the complaint, unanimously reversed, on consent, without costs, and the motion denied. A stay of proceedings is granted on consent and this action is consolidated with the action for annulment instituted by the defendant herein. In the event defendant husband seeks to discontinue his prayer for an annulment or starts a matrimonial action in another State, plaintiff may apply to Special Term to vacate or modify the stay of proceedings with respect to so much of the consolidated action as seeks an injunction. Settle order on notice. Concur — Breitel, J. P., Valente, McNally, Eager and Steuer, JJ.

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