NEWITT v. NEWITT


282 A.D. 81 (1953)

Roy Newitt, Respondent, v. Elizabeth Newitt, Appellant

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

May 12, 1953.


Attorney(s) appearing for the Case

Leonard B. Boudin of counsel (Samuel P. Shapiro with him on the brief; Shapiro, Rabinowitz & Boudin, attorneys), for appellant.

Milton N. Redman of counsel (Redman & Rogers, attorneys), for respondent.

PECK, P. J., GLENNON and VAN VOORHIS, JJ., concur; DORE, J., concurs except to vote that the terms of the mother's visitation be restricted to the rights of visitation granted in the order of the court below in the habeas corpus proceeding. (281 App. Div. 829.)


BERGAN, J.

In the husband's divorce action against her, the appellant wife asserts by counterclaim a cause of action for annulment of the marriage. The court at Special Term granted judgment of divorce in favor of the husband; and hence dismissed the wife's action for annulment.

The husband had been married previously and on January 23, 1935, his former wife had obtained a divorce against him by judgment...

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