Legal Opinion
Presbrey v. Presbrey
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 1958PublishedCited by 4 opinions
1Opinion of the CourtBreitel, J.
A first wife sues her husband and the woman he has remarried on the ground that the divorce the husband obtained from the first wife in Mexico was a nullity and that the remarriage to the second wife was likewise a nullity. Plaintiff wife appeals from dismissal on motion of her second amended complaint for legal insufficiency and on the ground that there is existing a prior final judgment which disposes of the merits raised by the pleading.
The complaint contains two causes of action. One is for declaratory judgment with respect to the nullity of the divorce and the remarriage; and the other…
2Cases cited38 opinions
- Krause v. KrauseNew York Court of Appeals · 1940
- Rediker v. RedikerCalifornia Supreme Court · 1950
- In Re the Estate of HolmesNew York Court of Appeals · 1943
- Garvin v. GarvinNew York Court of Appeals · 1953
- Stokes v. . StokesNew York Court of Appeals · 1910
33 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- HOEFFLINBoard of Immigration Appeals · 1974
- Stugard v. StugardNew York Supreme Court · 1983
- Brown v. SojournerSupreme Court of South Carolina · 2020
- Wiener v. WienerNew York Supreme Court · 1959