Summary
In Heller v. Heller (285 N.Y. 572) the plaintiff sued to annul his marriage to the defendant on the ground that the wife's divorce from her first husband in Nevada was void.
Summary of this case from Villafana v. VillafanaOpinion
Argued January 13, 1941
Decided February 27, 1941
Appeal from the Supreme Court, Appellate Division, Second Department, WENZEL, J.
Frederick E. Klein, Herman Silver and Arthur Stoll for appellant.
Benjamin Bag and Joseph Halpern for respondent.
Judgment affirmed, with costs. Without deciding whether the plaintiff is estopped from prosecuting the action for annulment, we hold that the validity of the decree of divorce granted in the State of Nevada will be recognized in this State under the rule of comity. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.