GOLDSMITH v. GOLDSMITH


279 A.D. 579 (1951)

Fay J. Goldsmith, Appellant, v. Sam Goldsmith, Respondent

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

October 30, 1951.


Per Curiam.

The action is for an annulment.

There are two causes of action set forth in the complaint: (1) for fraud based upon concealment of an incurable physical, mental and nervous disorder, and (2) for physical incapacity on the part of the husband.

As to the first cause of action we think that plaintiff adduced sufficient proof to establish that there was fraudulent concealment by defendant before...

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