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KOBER v. KOBER

16 N.Y.2d 191 (1965)

Jacqueline Kober, Appellant, v. Josef Kober, Respondent.

Court of Appeals of the State of New York.

Decided October 28, 1965.

Attorney(s) appearing for the Case

Dino Cerutti for appellant.

Eli H. Bronstein and Henry G. Van Veen for respondent.

Judges DYE, FULD and BERGAN concur with Judge VAN VOORHIS; Chief Judge DESMOND and Judges BURKE and SCILEPPI dissent and vote to affirm upon the majority opinion at the Appellate Division.

VAN VOORHIS, J.

This is an annulment suit. The question is one of pleading. The appeal presents solely whether the second cause of action in the wife's amended complaint is sufficient in law. Special Term denied the defendant husband's motion to dismiss for insufficiency, stating: "Whether the issue herein refers to matters vital to the marriage relationship must be determined at the trial." The Appellate Division...

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