Legal Opinion
Kober v. Kober
New York Court of Appeals
Decided October 28, 1965PublishedCited by 40 opinions
1Opinion of the CourtVan Voorhis, J.
This is an annulment suit. The question is one of pleading. The appeal presents solely whether the second cause of action in the wife’s amended complaint is sufficient in law. Special Term denied the defendant husband’s motion to dismiss for insufficiency, -stating: “Whether the issue herein refers to matters vital to the marriage relationship must be determined at the trial.” The Appellate Division reversed, holding that the fraud alleged in the second cause of action was not vital to the marriage relationship. An earlier complaint had been dismissed at Special Term, with leave to plead…
2Cases cited17 opinions
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- Di Lorenzo v. . Di LorenzoNew York Court of Appeals · 1903
- Shonfeld v. ShonfeldNew York Court of Appeals · 1933
- Woronzoff-Daschkoff v. Woronzoff-DaschkoffNew York Court of Appeals · 1952
- Lapides v. LapidesNew York Court of Appeals · 1930
12 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Becker v. SchwartzNew York Court of Appeals · 1978
- 219 Broadway Corp. v. Alexander's, Inc.New York Court of Appeals · 1979
- Penato v. GeorgeAppellate Division of the Supreme Court of the State of New York · 1976
- Daniels v. Empire-Ore, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Zibbon v. Town of CheektowagaAppellate Division of the Supreme Court of the State of New York · 1976
35 more not listed; retrieve them via the Exa API.