Legal Opinion

Vanderhorst v. Vanderhorst

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1953PublishedCited by 19 opinions

1Opinion of the CourtCohn, J.

The appeal is from an order granting the motion of

defendant to open his default in pleading to an action brought by plaintiff in this State for an annulment of their marriage, to permit him to serve an answer to the complaint, and to restore the cause to the calendar for trial on the merits.

The fraud alleged is that defendant concealed from plaintiff that he had entered into three previous marriages, that he was seriously ill, that he had been discharged from the Netherlands Merchant Marine and Army for illness and that he had concealed his true name.

After defendant’s default, the action for…

2Cases cited8 opinions

  1. Maynard v. HillSupreme Court of the United States · 1888
  2. Fearon v. TreanorNew York Court of Appeals · 1936
  3. Woronzoff-Daschkoff v. Woronzoff-DaschkoffNew York Court of Appeals · 1952
  4. Lapides v. LapidesNew York Court of Appeals · 1930
  5. Long v. LongAppellate Division of the Supreme Court of the State of New York · 1953

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3Cited by19 opinions

  1. Antonovich v. AntonovichAppellate Division of the Supreme Court of the State of New York · 1981
  2. Rutledge v. RutledgeAppellate Division of the Supreme Court of the State of New York · 1977
  3. Lucas v. LucasAppellate Division of the Supreme Court of the State of New York · 1985
  4. O'Brien v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1989
  5. Price v. PriceAppellate Division of the Supreme Court of the State of New York · 1976

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