GELEP v. GELEP


52 Misc.2d 64 (1966)

Paul P. Gelep, Plaintiff, v. Patricia A. Gelep, Defendant.

Supreme Court, Special Term, Albany County.

November 10, 1966


Attorney(s) appearing for the Case

George W. Harder for plaintiff. Alfred C. Purello for defendant.


LAWRENCE H. COOKE, J.

In this action for an annulment, plaintiff moves "for an order striking out defendant's answer, and directing the entry of summary judgment for plaintiff upon the cause of action set forth in the complaint."

In a matrimonial action, which includes one for annulment (CPLR 105, subd. [m]), a motion for summary judgment is available only to the defending party, based on documentary evidence or official records which establish...

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