Macri v. Macri
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Concettina Macri, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 13th day of May, 1916, dismissing the complaint upon the merits, upon the decision of the court after a trial at the Kings County Special Term.
1Opinion of the Court
Putnam, J.:
Although plaintiff married under the age of fifteen, her cohabitation with defendant ended before the age of eighteen. Where the woman did live with defendant after the age of eighteen years, annulments under section 1743 of the Code of Civil Procedure have been granted in the First Department (Conte v. Conte, 82 App. Div. 335; Wander v. Wander, 111 id. 189; Kruger v. Kruger, opinion by Miller, J., 137 id. 289), which is followed in the Fourth Department (Earl v. Earl, 96 id. 639).
The Domestic Relations Law (Gen. Laws, chap. 48 [Laws of 1896, chap. 272], § 4; now Consol. Laws,…
2Cases cited1 opinion
- Conte v. ConteAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Rogers v. RogersNew York Supreme Court · 1959