Ostro v. Ostro
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leo E. Ostro, from an.interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of March, 1915, sustaining a demurrer to the third separate defense in the answer.
1Opinion of the Court
Laughlin, 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…
2Cases cited2 opinions
- Ward v. Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Gould v. GouldAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- In Re the Judicial Settlement of the Accounts of Proceedings of GilbertNew York Court of Appeals · 1923
- Murphy v. MurphyAppellate Division of the Supreme Court of the State of New York · 1920
- Warshor v. WarshorNew York Supreme Court · 1927
- Everitt v. EverittAppellate Division of the Supreme Court of the State of New York · 1923
- Statter v. StatterAppellate Division of the Supreme Court of the State of New York · 1956