Opinion
March 8, 1950.
Appeal from Supreme Court.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ. [ 196 Misc. 165.]
The action is for the annulment of the parties' marriage upon the ground of fraud. Under the rule, which obtains when a complaint is so tested, that every reasonable intendment and fair inference must be indulged in to uphold the pleading, we think the complaint survives the attack of the motion. The pleading may be fairly interpreted to allege that as an inducement for plaintiff's consent to marry him, the defendant falsely and fraudulently represented that he would provide a home and support for her, and was able to do so, and that in fact he was not able to and did not intend to do so, and concealed his inability and nonintentions in that regard. Thus interpreted and in connection with other needful allegations which are pleaded, we consider the complaint valid. Order unanimously affirmed, with $10 costs.