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Imburgia v. Imburgia

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 1947
272 App. Div. 787 (N.Y. App. Div. 1947)

Opinion

April 30, 1947.

Present — Taylor, P.J., Dowling, McCurn, Larkin and Love, JJ.


Order affirmed, without costs of this appeal to either party. Memorandum: We are not now concerned with the difficulties which the plaintiff may encounter when he attempts to establish the cause of action set up in his complaint. All concur, except McCurn, J., who dissents and votes for reversal and granting of the motion on the ground that the complaint fails to allege any material misrepresentations sufficient to void the marriage contract. (The order denies defendant's motion to dismiss the complaint in an action to annul a marriage on the ground of fraud.)


Summaries of

Imburgia v. Imburgia

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 1947
272 App. Div. 787 (N.Y. App. Div. 1947)
Case details for

Imburgia v. Imburgia

Case Details

Full title:JOSEPH IMBURGIA, Respondent, v. ANGELINA R. IMBURGIA, Appellant

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

Date published: Apr 30, 1947

Citations

272 App. Div. 787 (N.Y. App. Div. 1947)