Karfiol v. Karfiol

Defendant appeals from a judgment, after a separate trial, dismissing his second defense to plaintiff’s complaint in an action for separation. In every action for a separation the primary fact to be proved is an existing marriage between the parties (Fischer v. Fischer, 254 N. Y. 463). The dismissed defense alleges that the marriage was dissolved by a Swiss decree of divorce which became final February 25, 1949. It appears from the opinion at Special Term that this ruling was made largely on the ground that defendant perpetrated a fraud upon the New York State Supreme Court, and that he…