Arcuri v. Arcuri

The certified question requires us to decide whether the complaint states a cause of action.

According to the allegations, plaintiff is administrator of Carmine Arcuri who died in 1932. The defendant ' Antoinette Arcuri was the wife of Archangel Viglione and on February 9, 1925, she procured a decree under section 7-a of the Domestic Relations Law (Cons. Laws, ch. 14) dissolving her marriage with him. That decree resulted from her perjury as a witness on the trial when she testified that she was not aware of the fact that her husband was living during the five preceding years and that she…