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VANDERBILT v. VANDERBILT

1 N.Y.2d 342 (1956)

Patricia W. Vanderbilt, Respondent-Appellant, v. Cornelius Vanderbilt, Jr., Appellant-Respondent. Thomas F. McCoy, Receiver and Sequestrator-Respondent.

Court of Appeals of the State of New York.

Decided May 31, 1956.

Attorney(s) appearing for the Case

Sol A. Rosenblatt and Charles Roden for appellant-respondent.

Monroe J. Winsten and Charles L. Raskin for respondent-appellant.

CONWAY, Ch. J., FROESSEL, VAN VOORHIS and BURKE, JJ., concur with DESMOND, J.; FULD, J., dissents in an opinion in which DYE, J., concurs.

DESMOND, J.

The principal question is as to the validity and applicability of this provision of section 1170-b of our Civil Practice Act, enacted in 1953: "In an action for divorce, separation or annulment, or for a declaration of nullity of a void marriage, where the court refuses to grant such relief by reason of a finding by the court that a divorce, annulment or judgment declaring the marriage a nullity had...

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