DONOHUE v. DONOHUE


57 A.D.2d 543 (1977)

Patrick B. Donohue, Appellant, v. Mary T. Donohue, Respondent

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

April 4, 1977


Judgment reversed, on the law, without costs or disbursements, and it is declared that the marriage between the parties is a nullity.

Action remanded to Special Term for a new hearing on the questions of child custody and child support. Defendant's motion to dismiss plaintiff's cause of action for a judgment declaring that the marriage was a nullity was improperly granted. Defendant's previous Mexican divorce, obtained by her, was ex parte. Thus, plaintiff was not...

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