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Fornatora v. Fornatora

Appellate Division of the Supreme Court of New York, Second Department
May 16, 1949
275 App. Div. 847 (N.Y. App. Div. 1949)

Opinion

May 16, 1949.


In an action to annul a marriage on the ground of fraud, plaintiff appeals from a judgment dismissing his complaint on the merits. The defendant defaulted in appearance and the proof was taken before an Official Referee appointed to hear and determine, on whose decision judgment was entered. Judgment reversed on the law and the facts, without costs, and a new trial granted. In our opinion the findings implicit in the decision of the learned Official Referee are contrary to the weight of the credible evidence. ( Hull v. Littauer, 162 N.Y. 569; Coppo v. Coppo, 163 Misc. 249; Berger v. Berger, 73 N.Y.S.2d 384; Schulman v. Schulman, 180 Misc. 904.) Nolan, P.J., Carswell, Sneed, Wenzel and MacCrate, JJ., concur.


Summaries of

Fornatora v. Fornatora

Appellate Division of the Supreme Court of New York, Second Department
May 16, 1949
275 App. Div. 847 (N.Y. App. Div. 1949)
Case details for

Fornatora v. Fornatora

Case Details

Full title:ALFRED J. FORNATORA, Appellant, v. KATHERINE FORNATORA, Defendant

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

Date published: May 16, 1949

Citations

275 App. Div. 847 (N.Y. App. Div. 1949)

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