History
  • No items yet
midpage
McDermott v. McDermott
299 N.Y.S. 956
N.Y. App. Div.
1937
Check Treatment

Appeal by plaintiff from a judgment of the Supreme Court, entered in the office of the clerk of the county of Queens on the 6th day of May, 1937, dismissing the complaint on the merits after trial at Special Term, upon default of defendant. Action for divorce. Judgment, in the form of "a so-called “ order,” dismissing the complaint reversed on the law and the facts, without costs, and judgment directed for plaintiff for the relief demanded in the complaint. Findings of fact and conclusions of law in accordance herewith will be made. We are of opinion that plaintiff was entitled to procure a judgment of divorce in this State despite the fact that he had participated in procuring a void foreign decree, subsequent to which the defendant entered into an alleged marriage. (Shannon v. Shannon, 247 App. Div. 790; Stevens v. Stevens, 273 N. Y. 157, 159; May v. May, *876251 App. Div. 63.) Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur. Settle order on notice.

Case Details

Case Name: McDermott v. McDermott
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Nov 19, 1937
Citation: 299 N.Y.S. 956
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.