Presbrey v. Presbrey

Valbutb, J. (dissenting).

We agree with the court that the first cause of action of the second amended complaint, wherein plaintiff seeks a declaratory judgment and an injunction, was properly dismissed. Having obtained a judgment of separation in this State against her husband (after he had secured a Mexican divorce), plaintiff sufficiently established her marital status. There would be no useful purpose served in a further declaration. (Garvin v. Garvin, 306 N. Y. 118.)

But we cannot subscribe to the view that the cause of action for an annulment of the husband’s remarriage must necessarily…