SAMPSON v. LANCASTER


39 Misc.2d 467 (1963)

Eloise B. Sampson, Plaintiff, v. Leaner P. Lancaster et al., Defendants.

Supreme Court, Special Term, New York County.

May 24, 1963


Attorney(s) appearing for the Case

Gustave B. Garfield for plaintiff. Milton M. Rosenberg for Leaner P. Lancaster and another, defendants.


EDGAR J. NATHAN, JR., J.

Motion to dismiss the complaint is granted. The action is brought under section 1139 of the Civil Practice Act to annul a marriage for fraud. Both parties to the marriage are dead, the wife having predeceased the husband, leaving real property. Plaintiff, the heir of the wife, sues the heirs of the allegedly defrauding husband. As pointed out in Matter of Haney (

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