Rostacher v. Rostacher

This is an action to annul a marriage on the ground of the subsequent insanity of one of the parties. The action is brought pursuant to an amendment to the Domestic Relations Law which was enacted in 1928 (§ 7, subd. 5).

Prior to that year it was well-settled law in this State that where one of the parties to a marriage was insane at the time it was entered into, the marriage could not be annulled at the suit of the spouse who was sane. Only the insane party or a relative of that person who had an interest to void the marriage could sue to have it annulled.

In Hoadley v. Hoadley (244 N. Y. 424)…