Teitelbaum v. Teitelbaum
New York Supreme Court
1Opinion of the CourtMatthew M. Levy, J.
The wife sued for annulment on the ground of fraud. The defendant counterclaimed for annulment on the ground of fraud. Temporary alimony and counsel fees were awarded to the wife. Both issues of fraud were tried on framed issues; and at such preliminary hearing it was found that neither spouse defrauded the other and that there was voluntary cohabitation by both with full knowledge of all the facts. Thus, while husband’s counterclaim must be dismissed, *325so must the wife’s complaint, and the husband becomes the winner. The husband (who has paid no alimony whatsoever under the temporary order,…
2Cases cited3 opinions
- Polizotti v. PolizottiNew York Court of Appeals · 1953
- Gray v. GrayAppellate Division of the Supreme Court of the State of New York · 1914
- Walters v. WaltersNew York Supreme Court · 1949
3Cited by2 opinions
- Wolf v. WolfAppellate Division of the Supreme Court of the State of New York · 1975
- Brant v. BrantAppellate Division of the Supreme Court of the State of New York · 1960