Levine v. Levine

Appellate Division of the Supreme Court of New York

Levine v. Levine

272 A.D.2d 820

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

DecidedMay 5, 1947

StatusPublished

This text of 272 A.D.2d 820 (Levine v. Levine) 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

Levine v. Levine, 272 A.D.2d 820 (N.Y. Ct. App. 1947).

Pincite

Opinion

Action for annulment of marriage on the ground of fraud. Order granting defendant’s motion for a separate trial of her defense of condonation, and granting other relief, reversed on the law and the facts, without costs, and the motion denied, without costs. In our opinion the order was improvidently granted. Upon the trial the court should have all the issues before it. In controlling the order of proof, the defense of condonation may be heard in advance of the proof of other issues, in the discretion of the trial court. Hagarty, Acting P. J., Carswell, Johnston, Nolan and Sneed, JJ., concur. [See post, p. 837.]

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Action for annulment of marriage on the ground of fraud. Order granting defendant’s motion for a separate trial of her defense of condonation, and granting other relief, reversed on the law and the facts, without costs, and the motion denied, without costs. In our opinion the order was improvidently granted. Upon the trial the court should have all the issues before it. In controlling the order of proof, the defense of condonation may be heard in advance of the proof of other issues, in the discretion of the trial court. Hagarty, Acting P. J., Carswell, Johnston, Nolan and Sneed, JJ., concur. [See post, p. 837.]

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Bluebook (online)

272 A.D.2d 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-levine-nyappdiv-1947.