O'MEARA v. O'MEARA


278 A.D. 1009 (1951)

Daniel J. O'Meara, Respondent, v. Evelyn D. O'Meara, Appellant

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

July 2, 1951.


Judgment reversed on the law and the facts, without costs, and plaintiff's motion to strike out defendant's answer denied, without costs.

The record establishes that subsequent to the acquisition of the property the marriage of the parties was annulled, on suit by plaintiff, because of fraud on the part of the defendant. The theory upon which the present action is brought is that the conveyance to the defendant of her interest in the property was upon the sole consideration...

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