DeLyra v. DeLyra

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The parties were married on October 14, 1977, and lived together as husband and wife for seven years. In 1984, plaintiff brought this matrimonial action seeking a divorce. Defendant counterclaimed for a declaration that the marriage was void ab initio because at the time of the wedding (see generally, Domestic Relations Law arts 2, 3) in 1977, plaintiff was still married to her former husband (see, Domestic Relations Law § 140 [a]). Supreme Court declared the parties’ marriage void, finding…