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  5. 16 N.Y.2d 64 (1965)
 

ROSENTIEL v. ROSENTIEL

16 N.Y.2d 64 (1965)

Lewis S. Rosenstiel, Appellant, v. Susan L. Rosenstiel, Respondent. Susan L. Rosenstiel, Respondent, v. Lewis S. Rosenstiel, Appellant. Helena A. Wood, Respondent-Appellant, v. Walter A. Wood, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided July 9, 1965.

Attorney(s) appearing for the Case

Roy M. Cohn, Daniel J. Driscoll and John A. Vassallo for appellant in the first and second above-entitled actions.

Louis Nizer, Walter S. Beck, Paul Martinson and Herbert N. Bobrow for respondent in the first and second above-entitled actions.

Harris B. Steinberg, Stanley S. Arkin, Melber Chambers and William J. Allingham for appellant-respondent in the third above-entitled action.

Simon H. Rifkind, Martin Kleinbard and John Lyon for respondent-appellant in the third above-entitled action.

Judges DYE, FULD and VAN VOORHIS concur with Judge BERGAN; Chief Judge DESMOND concurs in part in an opinion; Judge SCILEPPI dissents and votes to reverse in an opinion; Judge BURKE taking no part.

I. Rosenstiel v. Rosenstiel

BERGAN, J.

The defendant wife's former husband Felix Ernest Kaufman in 1954 obtained a divorce from her in a district court at Juarez in Chihuahua, Mexico. Plaintiff and defendant were married in New York in 1956 and this action by the husband seeks to annul that marriage on the ground the 1954 divorce is invalid and that, therefore, the defendant wife was incompetent...

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