VANDERHORST v. VANDERHORST


282 A.D. 312 (1953)

Mimi J. Vanderhorst, Appellant, v. Louis F. V. P. Vanderhorst, Respondent

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

July 7, 1953.


Attorney(s) appearing for the Case

Benedict Ginsberg for appellant.

Kenneth H. Guild of counsel (Abberley, Kooiman & Amon, attorneys), for respondent.

DORE, J. P., and CALLAHAN, J., concur with COHN, J.; BERGAN, J., dissents and votes to reverse, in opinion, in which BREITEL, J., concurs.


COHN, J.

The appeal is from an order granting the motion of defendant to open his default in pleading to an action brought by plaintiff in this State for an annulment of their marriage, to permit him to serve an answer to the complaint, and to restore the cause to the calendar for trial on the merits.

The fraud alleged is that defendant concealed from plaintiff that he had entered into three previous marriages...

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