McDermott v. McDermott

Appellate Division of the Supreme Court of New York

McDermott v. McDermott

252 A.D. 875, 299 N.Y.S. 956, 1937 N.Y. App. Div. LEXIS 6644

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

DecidedNovember 19, 1937

StatusPublished

Cited by4 cases

This text of 252 A.D. 875 (McDermott v. McDermott) 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

McDermott v. McDermott, 252 A.D. 875, 299 N.Y.S. 956, 1937 N.Y. App. Div. LEXIS 6644 (N.Y. Ct. App. 1937).

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Opinion

Appeal by plaintiff from a judgment of the Supreme Court, entered in the office of the clerk of the county of Queens on the 6th day of May, 1937, dismissing the complaint on the merits after trial at Special Term, upon default of defendant. 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, [876]*876251 App. Div. 63.) Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur. Settle order on notice.

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Appeal by plaintiff from a judgment of the Supreme Court, entered in the office of the clerk of the county of Queens on the 6th day of May, 1937, dismissing the complaint on the merits after trial at Special Term, upon default of defendant. 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, [876]*876251 App. Div. 63.) Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur. Settle order on notice.

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Bluebook (online)

252 A.D. 875, 299 N.Y.S. 956, 1937 N.Y. App. Div. LEXIS 6644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdermott-v-mcdermott-nyappdiv-1937.

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