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AGHNIDES v. AGHNIDES

308 N.Y. 530 (1955)

Margot E. Aghnides, Appellant-Respondent, v. Elie P. Aghnides, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided June 2, 1955

Attorney(s) appearing for the Case

Harold H. Levin and Andrew D. Heineman for appellant-respondent.

Harold H. Corbin, Edward J. Bennett and Edward R. Neaher for respondent-appellant.

CONWAY, Ch. J., DESMOND, FROESSEL and BURKE, JJ., concur with FULD, J.; DYE and VAN VOORHIS, JJ., dissent and vote to affirm the judgment of the Appellate Division.

FULD, J.

In this action brought by plaintiff wife for a separation, defendant husband interposed a counterclaim for separation or, in the alternative, for an annulment on the ground that plaintiff, when she married him, never intended to have any children. The court at Special Term granted the husband's counterclaim for separation, and dismissed both the wife's complaint for separation and the husband's counterclaim...

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