Opinion
March 15, 1943.
In an action to annul a marriage on the ground of fraud, order denying plaintiff's motion to confirm the report of an official referee, and judgment dismissing the complaint on the merits, reversed on the law, plaintiff's motion granted, and interlocutory judgment of annulment is directed to be entered, without costs. There is nothing in the record to justify refusal of confirmation of the official referee's report. ( Boyd v. Boyd, 252 N.Y. 422.) Hagarty, Carswell, Adel, Taylor and Lewis, JJ., concur.