STATTER v. STATTER


2 N.Y.2d 668 (1957)

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

Court of Appeals of the State of New York.

Decided May 16, 1957.


Attorney(s) appearing for the Case

Milton Paulson and Simon Rosenzweig for appellant.

Mahlon Dickerson and John H. Reilly, Jr., for respondent.

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


BURKE, J.

On February 16, 1953 Humphrey Statter commenced an action for separation against his wife, Amy Statter, charging cruelty and abandonment. An extension of time to answer was granted the wife on her attorney's representation that further time was required to establish the existence of a prior marriage by the husband, the fact of which would serve as a defense and basis for affirmative relief in the separation...

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