PRESBREY v. PRESBREY


8 Misc.2d 963 (1957)

Natalie M. Presbrey, Plaintiff, v. Oliver M. Presbrey et al., Defendants.

Supreme Court, Special Term, New York County.

October 11, 1957.


Attorney(s) appearing for the Case

Philip L. Leib for defendants.

Daniel F. Scanlon for plaintiff.


LOUIS J. CAPOZZOLI, J.

Defendants move to dismiss the second amended complaint under rules 106 and 107 of the Rules of Civil Practice on the grounds that the complaint is insufficient in law and that an existing final judgment determines the causes of action.

The causes of action are for a declaratory judgment, adjudicating the marital status of the plaintiff and defendant, Presbrey, and for an annulment of the marriage between the defendants...

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