Elmi v. Elmi

In this action for a separation defendant bas interposed (1) an affirmative defense consisting of an allegation that plaintiff’s purported marriage to the defendant is invalid under the laws of the State of New York because of a prior existing marriage which had not been dissolved, and (2) a counterclaim asking that the marriage between plaintiff and defendant be annulled and declared void.

Defendant’s affirmative defense and counterclaim are based entirely upon the invalidity of the divorce obtained in the State of Nevada by the husband of the plaintiff by a prior marriage.

It is the…