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BRILL v. BRILL

10 N.Y.2d 308 (1961)

Ruby Brill, Respondent, v. Joseph Brill et al., Appellants.

Court of Appeals of the State of New York.

Decided November 16, 1961.

Attorney(s) appearing for the Case

Jacob W. Friedman and Abraham J. Brill for appellants.

Irving I. Erdheim and Louise Gruner for respondent.

Judges DYE, FULD, FROESSEL and FOSTER concur with Judge VAN VOORHIS; Judge BURKE dissents in an opinion in which Chief Judge DESMOND concurs.

VAN VOORHIS, J.

The action is for declaratory judgment determining that the defendants, Joseph Brill and Beverly Stiansen, are not husband and wife for the reason that Brill had been married to plaintiff and the Mexican decree of divorce between them alleged in the complaint is invalid. Judgment is asked annulling the subsequent marriage between Brill and Stiansen and directing that she be enjoined from using...

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