MUESSMAN v. WARD


95 Misc.2d 478 (1978)

Karen Muessman et al., Plaintiffs, v. Benjamin Ward et al., Defendants.

Supreme Court, Special Term, Queens County.

July 31, 1978


Attorney(s) appearing for the Case

Barbara Swartz for plaintiff. Louis J. Lefkowitz, Attorney-General (Carl Saks of counsel), for defendants.


SEYMOUR BOYERS, J.

In this action to declare section 79-a of the Civil Rights Law unconstitutional, plaintiffs move for a declaratory judgment pursuant to CPLR 3001 directing the defendants to allow plantiffs to be married.

Plaintiff Karen Muessman is presently serving a sentence of three years to life upon her conviction of a class A-III felony. The plaintiffs, who had lived together prior to the conviction...

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