Spiro v. Spiro

No opinion. Rabin, Acting P. J., Latham and Brennan, JJ., concur; Martuscello and Kleinfeld, JJ., dissent and vote to reverse the judgment, to dismiss the complaint, and to remit the counterclaim to the trial court for trial, with the following memorandum: Plaintiff pleaded three causes of action for annulment. The first was based on defendant’s alleged physical incapacity to engage in sexual relations, the second on her alleged concealment of physical illness which rendered her incapable of copulation, and the third on her alleged fraudulent misrepresentation that she intended to consummate…