Horowitz v. Horowitz

The fraud alleged in the complaint is that the defendant, who had suffered from mental disability and had been treated in a sanitarium, concealed from the plaintiff her impaired mental state, thereby permitting him to contract a marriage which, but for the concealment, would not have taken place.

The defendant, who is admittedly at this time insane, and probably incurably so, by special guardian puts at issue the allegations of plaintiff’s complaint, and sets out as an affirmative defense the Statute of Limitations.

Hoadley v. Hoadley (244 N. Y. 424) holds that a marriage voidable for insanity…