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PRESBREY v. PRESBREY

6 A.D.2d 477 (1958)

Natalie M. Presbrey, Appellant, v. Oliver M. Presbrey et al., Respondents

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

November 5, 1958.

Attorney(s) appearing for the Case

Daniel F. Scanlan for appellant.

Philip L. Leit for respondents.

BOTEIN, P. J., and STEVENS, J., concur with BREITEL, J.; VALENTE, J., dissents in opinion, in which M. M. FRANK, J., concurs.

BREITEL, J.

A first wife sues her husband and the woman he has remarried on the ground that the divorce the husband obtained from the first wife in Mexico was a nullity and that the remarriage to the second wife was likewise a nullity. Plaintiff wife appeals from dismissal on motion of her second amended complaint for legal insufficiency and on the ground that there is existing a prior final judgment which disposes...

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