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KOBER v. KOBER

22 A.D.2d 468 (1965)

Jaqueline Kober, Respondent, v. Josef Kober, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 18, 1965.

Attorney(s) appearing for the Case

Eli H. Bronstein (Henry G. Van Veen with him on the brief), for appellant.

Dino Cerutti for respondent.

McNALLY, STEUER and STALEY, JJ., concur with BREITEL, J. P.; RABIN, J., dissents in opinion.

BREITEL, J. P.

In an action for annulment defendant husband appeals from an order denying his motion to dismiss the second cause of action on the ground of legal insufficiency (CPLR 3211, subd. [a], par. 7). The gravamen of the second cause of action is that defendant husband falsely and fraudulently concealed from plaintiff wife prior to the marriage that during World War II he had been an officer in the German army and a member of the Nazi party. The...

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