LEVINE v. DUMBRA


198 A.D.2d 477 (1993)

604 N.Y.S.2d 207

Lawrence Levine, Respondent, v. John V. Dumbra, Appellant

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

November 29, 1993


Ordered that the judgment is affirmed, with costs.

A marriage is void from the time its nullity is declared, if one of the parties to the marriage was incapable of consenting to the marriage for want of understanding (see, Domestic Relations Law § 7 [2]). The question is whether a party, because of mental illness or retardation, was not able, at the time of the marriage, to comprehend the significance of the decision to marry (see, Domestic Relations...

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