Ostro v. Ostro
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Bertha L. Ostro against Leo E. Ostro. Erom an interlocutory judgment sustaining plaintiff’s demurrer, defendant appeals. Affirmed.
1Opinion of the CourtLaughlin, J.
This is an action for separation, and the defense to which the demurrer was interposed pleads facts showing that the defendant was induced to contract the marriage by fraudulent representations, with respect to matters material thereto, made by plaintiff. The demurrer is upon the ground that the defense is insufficient in law. The point presented by the appeal is whether a cause of action for the annulment of a marriage may be pleaded as a defense to an action for separation predicated on the validity of the marriage.
The court at Special Term held that such a cause of action may not be…
2Cases cited4 opinions
- Durham v. DurhamAppellate Division of the Supreme Court of the State of New York · 1904
- Ward v. Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Woods v. GarcewichAppellate Division of the Supreme Court of the State of New York · 1901
- Gould v. GouldAppellate Division of the Supreme Court of the State of New York · 1908