Deitch v. Deitch
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ida Deitch, from, an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of January, 1913, permitting the defendant to amend his answer and to set up as a defense that the plaintiff did not commence this action within five years from the time of the marriage of the parties.
1Per curiam
The limitation to sue within five years for annulment of marriage on the ground of physical incapacity (Code Civ. Proc. § 1752) extends the original two-year limitation for such proceedings. (R. S. pt. 2, chap. 8, tit. 1, § 33; 2 R. S. 143, § 33.) This statutory limitation is part of our public policy. It declares a rule of the ecclesiastical courts, that the injured party cannot unreasonably delay proceedings for relief without being open to the charge of want of sincerity and promptitude, (M. [falsely called C.] v. C., L. R. 2 P. & D. 414, 419; sub nom. Mansfield v. Cuno, 29 L. T. Rep. [N.…
2Cases cited1 opinion
- McNair v. McNairAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by4 opinions
- Katz v. KatzNew York Supreme Court · 1930
- Rogers v. RogersNew York Supreme Court · 1959
- Shoddy v. ShoddyNew York Supreme Court · 1966
- Bigelow v. BigelowNew York Supreme Court · 1969