Order affirmed, with $10 costs and disbursements.
There is no direct allegation that respondent represented that a valid marriage could be contracted in New York without modification of the decree. We shall assume that the counterclaim alleges that such a false statement was made. (See, e.g., Haviland v. Halstead, 34 N.Y. 643, and Kastner v. Stein, 130 Misc. 840.) To hold that such counterclaim is good as a pleading would be contrary to the public...
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