Legal Opinion
Aufiero v. Aufiero
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 1928PublishedCited by 10 opinions
1Opinion of the CourtO'Malley, J.
The action is to annul a marriage upon the ground that plaintiff’s consent thereto was induced by the defendant’s fraud. There was no appearance by the defendant. The action was tried before an official referee, who in his report recommended a dismissal of the complaint. The report was adopted by the learned justice at Special Term and the complaint dismissed upon the authority of Mirizio v. Mirizio (242 N. Y. 74).
At the time of the trial and the application for judgment our decisions in Rutstein v. Rutstein (221 App. Div. 70) and in Raphael v. Raphael (222 id. 664), decided at the November…
2Cases cited5 opinions
- Mirizio v. MirizioNew York Court of Appeals · 1926
- Smith v. . GeigerNew York Court of Appeals · 1911
- Rutstein v. RutsteinAppellate Division of the Supreme Court of the State of New York · 1927
- Jacobson v. JacobsonAppellate Division of the Supreme Court of the State of New York · 1923
- McKenna v. MeehanAppellate Division of the Supreme Court of the State of New York · 1927
3Cited by10 opinions
- Coppo v. CoppoNew York Supreme Court · 1937
- People ex rel. Central New England Railway Co. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1941
- Rubman v. RubmanNew York Supreme Court · 1931
- Babis v. BabisSuperior Court of Delaware · 1950
- Borgstedt v. BorgstedtNew York Supreme Court · 1946
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