Sheils v. Sheils

Steuer, J. (dissenting).

We dissent and would affirm the determination of Special Term dismissing the complaint.

The action seeks a declaratory judgment declaring that a separation agreement and a decree of divorce be declared null and void. It appears without contradiction that for some time prior to the marriage the parties had cohabited and a child was born of their union. Defendant acknowledged paternity and provided support for the child which was both ample and satisfactory to plaintiff. Defendant consistently refused to consider marriage upon the ground that the absence of any…