CHERUBINO v. CHERUBINO


284 A.D. 731 (1954)

Michela M. Cherubino, Appellant, v. Edward Cherubino, Respondent

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

October 26, 1954.


Attorney(s) appearing for the Case

Anna H. Zachs for appellant.

Jac M. Wolff for respondent.

PECK, P. J., DORE, BREITEL, BASTOW and BOTEIN, JJ., concur.


Per Curiam.

Plaintiff wife appeals from the granting of an order amending a judgment of separation to provide that the judgment is without prejudice to the right of the defendant husband to bring an action for annulment of marriage. The order should be reversed and the motion denied.

An action for separation by the wife and an action by the husband for annulment had been consolidated. When the case was reached...

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