LA MONICA v. LA MONICA


3 A.D.2d 718 (1957)

Mary La Monica, Appellant, v. John La Monica, Respondent

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

February 11, 1957


Judgment affirmed, without costs.

In view of the fact that a child was born to the parties about one year after their marriage, it may not be said as a matter of law that the husband's alleged premarital representation of willingness to have "children" was rendered false by the birth of only one child and by his abandonment of appellant. Where issue has been born, the law does not countenance an annulment upon the ground that fewer children were born than the parties...

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