263 A.D. 289 | N.Y. App. Div. | 1942
This is an action for absolute divorce brought by the wife against her husband. The answer consists of a general denial and a defense and counterclaim which alleges that the plaintiff has a husband living from whom she has not been divorced and that, therefore, the respondent is entitled to an annulment and a dismissal of the complaint.
The judgment should be reversed, with costs, and judgment should be granted for plaintiff as prayed for in the complaint, with costs, and with an allowance of alimony at fifteen dollars per week.
Present ■ — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.
Judgment unanimously reversed, with costs, and judgment granted for plaintiff as prayed for in the complaint, with costs, and with an allowance of alimony at fifteen dollars per week. Settle order on notice, reversing findings inconsistent with this determination, and containing such new findings of fact proved upon the trial as are necessary to sustain the judgment hereby awarded.