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STATTER v. STATTER

2 A.D.2d 81 (1956)

Amy P. Statter, Respondent, v. Humphrey Statter, Appellant

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

July 3, 1956.

Attorney(s) appearing for the Case

Milton Paulson for appellant.

Mahlon Dickerson of counsel (John H. Reilly, Jr., with him on the brief; Satterlee, Browne & Cherbonnier, attorneys), for respondent.

VALENTE and BERGAN, JJ., concur with BREITEL, J.; PECK, P. J., and FRANK, J., concur in result.

BREITEL, J.

The question in this case is whether the husband's prior separation judgment is a bar to the wife's present action for annulment on the ground of void marriage, the husband having had, at the time of his marriage to plaintiff wife, a former wife living, and the former marriage then being in force (Civ. Prac. Act, § 1134).

The instant wife's complaint was sustained at Special Term, the husband...

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