Legal Opinion

Bohok v. Bohok

New York Supreme Court

Decided July 12, 1946PublishedCited by 4 opinions

1Opinion of the CourtBebgan, J.

The granting of annulment of marriage on the ground one of the parties at the time of marriage fraudulently conceals from the other an intent not to have children has become the recognized rule in New York. (Schulman v. Schulman, 180 Misc. 904; Coppo v. Coppo, 163 Misc. 249.) It is rarely granted where there is a child born of the marriage. (Longtin v. Longtin, 22 N. Y. S. 2d 827, 831.) In such a case, it would be necessary to prove not only the fraud at the inception of the marriage, but that the fraudulent design continued, unknown to the other party, notwithstanding the birth of the child.

A…

2Cases cited2 opinions

  1. Coppo v. CoppoNew York Supreme Court · 1937
  2. Schulman v. SchulmanNew York Supreme Court · 1943

3Cited by4 opinions

  1. Williams v. WittNew Jersey Superior Court Appellate Division · 1967
  2. Croce v. CroceNew York Supreme Court · 1950
  3. Frost v. FrostNew York Supreme Court · 1958
  4. La Monica v. La MonicaAppellate Division of the Supreme Court of the State of New York · 1957

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