Cominos v. Cominos

Appellate Division of the Supreme Court of New York

Cominos v. Cominos

23 A.D.2d 769, 258 N.Y.S.2d 545, 1965 N.Y. App. Div. LEXIS 4449

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 12, 1965

StatusPublished

Cited by1 cases

This text of 23 A.D.2d 769 (Cominos v. Cominos) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cominos v. Cominos, 23 A.D.2d 769, 258 N.Y.S.2d 545, 1965 N.Y. App. Div. LEXIS 4449 (N.Y. Ct. App. 1965).

Pincite

Opinion

— In an action for a declaratory judgment with respect to the parties’ marital status and for a judicial separation, the defendant appeals from a judgment of the Supreme Court, Queens County, entered August 27, 1963 after a non jury trial, upon the court’s decision, which: (1) declared an alleged separation agreement to be null and void; (2) declared an alleged Mexican divorce to be null and void; (3) declared plaintiff to be the lawful wife of defendant; (4) granted her a judicial separation; and (5) directed that defendant pay permanent alimony to plaintiff of $85 per week. Judgment reversed on the law, without costs, and a new trial granted. No questions of fact have been considered. Prior to the new trial, plaintiff is directed to bring in as a party defendant the woman whom defendant claims to have married in Greece on January 27, 1963, and with whom he presently resides in New York. She is an indispensable party in this action; without her no effective judgment may be rendered (Varriehio v. Varriehio, 269 App. Div. 678; Bard v. Bard, 16 A D 2d 801; Williams v. Williams, 17 A D 2d 958; Lauricella v. Lauricella, 13 Mise 2d 799). Ughetta, Acting P. J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— In an action for a declaratory judgment with respect to the parties’ marital status and for a judicial separation, the defendant appeals from a judgment of the Supreme Court, Queens County, entered August 27, 1963 after a non jury trial, upon the court’s decision, which: (1) declared an alleged separation agreement to be null and void; (2) declared an alleged Mexican divorce to be null and void; (3) declared plaintiff to be the lawful wife of defendant; (4) granted her a judicial separation; and (5) directed that defendant pay permanent alimony to plaintiff of $85 per week. Judgment reversed on the law, without costs, and a new trial granted. No questions of fact have been considered. Prior to the new trial, plaintiff is directed to bring in as a party defendant the woman whom defendant claims to have married in Greece on January 27, 1963, and with whom he presently resides in New York. She is an indispensable party in this action; without her no effective judgment may be rendered (Varriehio v. Varriehio, 269 App. Div. 678; Bard v. Bard, 16 A D 2d 801; Williams v. Williams, 17 A D 2d 958; Lauricella v. Lauricella, 13 Mise 2d 799). Ughetta, Acting P. J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

23 A.D.2d 769, 258 N.Y.S.2d 545, 1965 N.Y. App. Div. LEXIS 4449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cominos-v-cominos-nyappdiv-1965.

Opinion

Related

Cite This Page — Counsel Stack