Opinion
November 19, 1937.
Appeal from Supreme Court, County of Queens.
Action for divorce. Judgment, in the form of a so-called "order," dismissing the complaint reversed on the law and the facts, without costs, and judgment directed for plaintiff for the relief demanded in the complaint. Findings of fact and conclusions of law in accordance herewith will be made. We are of opinion that plaintiff was entitled to procure a judgment of divorce in this State despite the fact that he had participated in procuring a void foreign decree, subsequent to which the defendant entered into an alleged marriage. ( Shannon v. Shannon, 247 App. Div. 790; Stevens v. Stevens, 273 N.Y. 157, 159; May v. May, 251 App. Div. 63.) Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur. Settle order on notice.