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Quinzi v. Quinzi

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1941
261 App. Div. 929 (N.Y. App. Div. 1941)

Opinion

February 18, 1941.


In an action to annul a marriage on the ground that the plaintiff was under the age of consent at the time of the marriage contract, judgment dismissing the complaint reversed on the law and the facts, without costs, and an interlocutory judgment of annulment granted, without costs. The plaintiff was sixteen years of age at the time of the marriage. She lived with the defendant for a little more than a month at his mother's home. There is undisputed proof of cruel and inhuman treatment, and concededly the defendant has never contributed to the plaintiff's support. There has been no cohabitation since the plaintiff left her mother-in-law's home. The court found all the facts in the plaintiff's favor. There is no likelihood that the parties can ever make a successful marriage, and both desire the annulment. Under these circumstances it was an improper exercise of discretion to refuse relief. ( Keegan v. Keegan, 209 App. Div. 74.) Findings of fact approved and plaintiff's conclusions of law adopted. Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ., concur.


Summaries of

Quinzi v. Quinzi

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1941
261 App. Div. 929 (N.Y. App. Div. 1941)
Case details for

Quinzi v. Quinzi

Case Details

Full title:CATHERINE QUINZI, an Infant, by ONOFRIO PITTI, Her Guardian ad Litem…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 18, 1941

Citations

261 App. Div. 929 (N.Y. App. Div. 1941)

Citing Cases

Selakoff v. Selakoff

The defendant's conduct shows a complete disregard of the fundamentals of the marital relation. In the…

Ferguson v. Ferguson

We may do that which the Special Term could have and should have done. ( Quinzi v. Quinzi, 261 App. Div. 929;…