194 A.D. 395 | N.Y. App. Div. | 1920
This is an action to annul, on the ground of fraud, a ceremonial marriage, between the plaintiff and the defendant, solemnized-on the 11th day of April, 1914. The other action, which was pending in the same court when this was commenced, is predicated on the same marriage but was brought by the wife for a separation on the ground of abandonment. The plaintiff’s prayer for relief herein is both for the annulment of the marriage and a permanent injunction restraining the prosecution of the separation action. In opposition to the motion, affidavits made by the defendant were read controverting the allegations of fraud on her part in inducing the
It follows that the order should be reversed, but, it being a matrimonial action, without costs, and motion granted, without costs.
Clarke, P. J., Dowling, Merrell and Greenbaum, JJ., concur.
Order reversed and motion granted, without costs.