Katz v. Katz

Burr, Official Referee.

Action to annul a marriage on the ground of defendant’s physical incapacity. Defendant appeared and answered. The answer was subsequently withdrawn by leave of the court, and plaintiff permitted to proceed with this action as an undefended annulment action.

It appears the parties were married September 17, 1922. This action was not commenced until February 19, 1929, or more than five years after the marriage. Section 1141 of the Civil Practice *378Act provides: “ * * * Such an action can be maintained only where an incapacity continues and is incurable; and must be commenced…