Summary
In Norton (12 A.D.2d 1003, supra) the court refused to permit defendant to amend the answer to plead a counterclaim, attacking the validity of a judgment of annulling plaintiff's former marriage, where the counterclaim was palpably insufficient on its face.
Summary of this case from Frances B. v. Mark BOpinion
February 23, 1961
Appeal from the Steuben Special Term.
Present — Williams, P.J., Bastow, Goldman, Halpern and McClusky, JJ.
Order insofar as appealed from unanimously reversed, with $25 costs and disbursements and motion for leave to amend denied, with $10 costs. Memorandum: This action is one for divorce. The order granted upon this motion permitted the defendant to amend his answer to plead a counterclaim attacking the validity of a judgment of annullment of a former marriage of the plaintiff. The proposed counterclaim was palpably insufficient on its face. ( Arcuri v. Arcuri, 265 N.Y. 358.)