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SOPHIAN v. VON LINDE

22 A.D.2d 34 (1964)

Estelle F. Sophian, Respondent-Appellant, v. Manfred Graf Von Linde, Appellant-Respondent

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

October 27, 1964.

Attorney(s) appearing for the Case

Allen J. Kaplan of counsel (Siken & Kaplan, attorneys), for respondent-appellant.

Harry R. Pollak for appellant-respondent.

McNALLY, J. P., and EAGER, J., concur with STEUER, J.; STALEY, J., dissents in opinion in which STEVENS, J., concurs.

STEUER, J.

This is an action for annulment of a marriage. The marriage took place on March 1, 1962. On March 11 the couple went on their honeymoon in Haiti. On March 14 the wife died there. The action is brought by an aunt of the deceased wife. No question of the capacity of the plaintiff to bring the suit is raised.

Annulment was sought on the basis of fraudulent misrepresentations inducing the wife to...

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