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MARTIN v. MARTIN

205 A.D.2d 506 (1994)

614 N.Y.S.2d 281

Edward Martin, Plaintiff, v. Rose Martin et al., Respondents, and Michele Martin, Nonparty Appellant

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

June 6, 1994

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

We agree with the Supreme Court that Michele Martin is equitably estopped from seeking to redate the judgment of divorce nunc pro tunc, due to her knowing participation in a bigamous marriage. One may not profit by his or her own wrong (see, Riggs v Palmer, 115 N.Y. 506).

We additionally find that Rose Martin submitted...

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