Schulman v. Schulman
This text of 257 A.D. 1002 (Schulman v. Schulman) 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.
Opinion
— "Judgment dismissing complaint in an annulment action predicated upon an alleged fraudulent representation of the defendant that he would participate in a religious ceremony after the performance of a civil ceremony, unanimously affirmed, without posts. Inasmuch as we are of opinion that the trial court was warranted in rejecting the testimony of the plaintiff that her cohabitation with the defendant was prior to the time that she knew that he did not intend to he married at a religious ceremony, it is unnecessary to determine whether or not the performance of a civil ceremony and subsequent cohabitation in reliance upon a promise to be married at a religious ceremony constituted a waiver of such a representation with respect to the status of the marriage itself. (Shonfeld v. Shonfeld, 260 N. Y. 477, 490.) Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.
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Cite This Page — Counsel Stack
257 A.D. 1002, 13 N.Y.S.2d 611, 1939 N.Y. App. Div. LEXIS 8878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schulman-v-schulman-nyappdiv-1939.