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ROSENSTIEL v. ROSENSTIEL

21 A.D.2d 635 (1964)

Lewis S. Rosenstiel, Respondent, v. Susan L. Rosenstiel, Appellant. (Annulment Action.) Susan L. Rosenstiel, Appellant, v. Lewis S. Rosenstiel, Respondent. (Injunction Action.)

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

October 21, 1964.

Attorney(s) appearing for the Case

Louis Nizer of counsel (Walter S. Beck and Herbert N. Bobrow with him on the brief; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for appellant.

Roy M. Cohn of counsel (Daniel J. Driscoll, Joel S. Stern and John A. Vassallo with him on the brief; Saxe, Bacon & O'Shea, attorneys), for respondent.

STEVENS and STALEY, JJ., concur with BOTEIN, P. J.; VALENTE and McNALLY, JJ., concur on additional grounds in separate opinions.

BOTEIN, P. J.

Plaintiff husband and defendant wife were married in New York on November 30, 1956. On April 26, 1962 plaintiff brought an action to annul the marriage, alleging that on January 12, 1945 defendant married one Felix Ernest Kaufmann and remains married to him. In answer, defendant pleaded a decree of divorce obtained by Kaufmann on October 2, 1954 in the First Civil Court, District of Bravos, City...

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