Tyne v. Tyne

Appellate Division of the Supreme Court of New York

Tyne v. Tyne

271 A.D.2d 984

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

DecidedFebruary 17, 1947

StatusPublished

This text of 271 A.D.2d 984 (Tyne v. Tyne) 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

Tyne v. Tyne, 271 A.D.2d 984 (N.Y. Ct. App. 1947).

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Opinion

In an undefended action to annul a marriage on the ground of fraud, the matter was referred to an official referee to hear and report. The official referee filed his report, together with findings of fact and conclusions of law, recommending that an interlocutory judgment be entered in favor of plaintiff. The Special Term denied plaintiff’s motion to confirm the report, stating that the proof was insufficient to establish the allegations of the complaint, and plaintiff appeals. Order unanimously affirmed, without costs. The proof did not establish a prima facie ease. The evidence of marital relations of the parties necessitated a holding that the proof as to the alleged fraud was insufficient as matter of law. (Sec Ferguson v. Ferguson, 271 App. Div. 976.) Present — Hagarty, Acting P. J., Carswell, Johnston, Adel and Nolan, JJ. [See post, p. 1018.]

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In an undefended action to annul a marriage on the ground of fraud, the matter was referred to an official referee to hear and report. The official referee filed his report, together with findings of fact and conclusions of law, recommending that an interlocutory judgment be entered in favor of plaintiff. The Special Term denied plaintiff’s motion to confirm the report, stating that the proof was insufficient to establish the allegations of the complaint, and plaintiff appeals. Order unanimously affirmed, without costs. The proof did not establish a prima facie ease. The evidence of marital relations of the parties necessitated a holding that the proof as to the alleged fraud was insufficient as matter of law. (Sec Ferguson v. Ferguson, 271 App. Div. 976.) Present — Hagarty, Acting P. J., Carswell, Johnston, Adel and Nolan, JJ. [See post, p. 1018.]

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Bluebook (online)

271 A.D.2d 984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyne-v-tyne-nyappdiv-1947.