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MATTER OF HANEY

14 A.D.2d 121 (1961)

In the Matter of The Estate of Joseph A. Haney, Deceased. Regina K. Haney, Appellant-Respondent; Rose Patanzo, as Executrix of Joseph A. Haney, Deceased, et al., Respondents-Appellants

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

June 30, 1961.

Attorney(s) appearing for the Case

Desmond & Drury (James P. McNamara and Edward J. Desmond of counsel), for appellant-respondent.

James D. Hurley for Rose Patanzo, respondent-appellant.

Louis F. Haney, respondent-appellant in person.

All concur. Present — WILLIAMS, P. J., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ.

HALPERN, J.

This case raises a novel question as to the survival of a cause of action for annulment. The decedent Joseph A. Haney married Regina Haney on August 9, 1958. He commenced an action for an annulment on the ground of fraud on November 28, 1958. The defendant wife defaulted and, after a hearing at which proof was taken, an interlocutory decree of annulment was granted on January 27, 1959. The decree...

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