KLARISH v. KLARISH


19 A.D.2d 170 (1963)

Roslyn Klarish, Appellant, v. Arthur C. Klarish, Respondent

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

June 27, 1963.


Attorney(s) appearing for the Case

Jacob M. Usadi of counsel (Michael J. Silverberg and Louis Perlmutter with him on the brief; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for appellant.

Julia Perles of counsel (William F. Wolff, Jr., and Nancy F. Wechsler with her on the brief; Greenbaum, Wolff & Ernst, attorneys), for respondent.

McNALLY and EAGER, JJ., concur with BERGAN, J.; STEVENS, J., dissents in opinion in which RABIN, J. P., concurs.


BERGAN, J.

In this separation action the defendant husband as an affirmative defense and in a counterclaim for annulment attacks the validity of the plaintiff wife's divorce from an earlier husband. The divorce was granted by the District Court of the Virgin Islands on March 14, 1952. Six years later (March 30, 1958) the parties were married in New York. This present action was commenced in September, 1962.<...

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