WEINER v. WEINER


18 A.D.2d 986 (1963)

Mabel Weiner, Appellant, v. David Weiner et al., Respondents

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

March 12, 1963


Order, entered on February 20, 1962, denying plaintiff's motion to strike the second affirmative defense, reversed, on the law, with $20 costs and disbursements to plaintiff-appellant, and the motion granted, with $10 costs.

This action is one for a judgment declaring plaintiff the lawful wife of defendant Weiner and invalid an ex parte Florida divorce decree obtained by said defendant. Since 1936, when the Weiners were intermarried, plaintiff has been and is a resident...

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