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WOOD v. WOOD

41 Misc.2d 95 (1963)

Helena A. Wood, Plaintiff, v. Walter A. Wood, Defendant.

Supreme Court, Special and Trial Term, New York County.

August 12, 1963

Attorney(s) appearing for the Case

Zelenko & Elkind (Herbert Zelenko and Stanley E. Michels of counsel), for plaintiff. Sage, Gray, Todd & Sims; and Schwartz & Frohlich (Myles J. Lane and Stuart G. Schwartz of counsel), for defendant.

SAMUEL C. COLEMAN, J.

Plaintiff, wife, suing for a decree of separation, faces a counterclaim for annulment, or a separation, if annulment fails. There is also a counterclaim based on property rights which I shall discuss later.

As the plaintiff's right to a separation rests upon a valid marriage (Fischer v. Fischer, 254 N.Y. 463), I turn to the cause of action for annulment. The parties were married in France in 1959 and again in New York...

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