Levine v. Dumbra

—In an action to annul a marriage, the defendant husband appeals from a judgment of the Supreme Court, Queens County (Friedmann, J.), entered July 9, 1992, which, after a nonjury trial, annulled the marriage.

Ordered that the judgment is affirmed, with costs.

A marriage is void from the time its nullity is declared, if one of the parties to the marriage was incapable of consenting to the marriage for want of understanding (see, Domestic Relations Law § 7 [2]). The question is whether a party, because of mental illness or retardation, was not able, at the time of the marriage, to comprehend the…