SPIRO v. SPIRO


35 A.D.2d 596 (1970)

Nathan Spiro, Respondent, v. Joan D. Spiro, Appellant

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

July 20, 1970


Judgment affirmed, without costs.

No opinion.

Martuscello and Kleinfeld, JJ., dissent and vote to reverse the judgment, to dismiss the complaint, and to remit the counterclaim to the trial court for trial, with the following memorandum:

Plaintiff pleaded three causes of action for annulment. The first was based on defendant's alleged physical incapacity to engage in sexual relations, the second on her alleged concealment of physical illness which rendered...

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