WEINER v. WEINER


27 Misc.2d 647 (1961)

Mabel Weiner, Plaintiff, v. David Weiner et al., Defendants.

Supreme Court, Special Term, Bronx County.

January 24, 1961


Attorney(s) appearing for the Case

Rivkin & Rosen for plaintiff. Parker, Chapin & Flattau for defendants.


BIRDIE AMSTERDAM, J.

Plaintiff moves to strike the four affirmative defenses alleged in the answer of the defendants, upon the ground that they do not state facts sufficient to constitute a defense.

The action is one for a declaratory judgment, wherein plaintiff seeks to have herself declared as the lawful wife of the defendant David Weiner, and, further, to declare that a divorce obtained by him in...

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