Landsman v. Landsman

Concededly, defendant married plaintiff, a second spouse, before the interlocutory decree annulling her prior marriage to another man had become final; accordingly, her marriage to plaintiff was absolutely void ab initio under section 6 of the Domestic Relations Law (McCullen v. McCullen, 162 App. Div. 599; Pettit v. Pettit, 105 App. Div. 312; Karpuk v. Karpuk, 177 Misc. 729; Cross v. Cross, 177 Misc. 347). Estoppel against plaintiff could not validate the marriage (Villafana v. Villafana, 275 App. Div. 810 [dissenting opinion in which I concurred]; Caldwell v. Caldwell, 298 N. Y. 146) and it…