The first requisite of success in a separation action is a valid marriage (Fischer v. Fischer, 254 N.Y. 463). When plaintiff and defendant were married in Elkton, Maryland, on April 22, 1934, it is undisputed that an interlocutory decree divorcing defendant from a former wife had not become final. It had been entered in the office of the Clerk of New York County on January 23, 1934, and did not become final until April 23, 1934. The marriage between these parties,...
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