Sherman v. Sherman (267 A.D. 884, 1944)

In an action to annul a marriage on the ground of fraud, judgment dismissing the complaint affirmed, without costs. (Boyd v. Boyd, 252 N. Y. 422.) No opinion. Carswell, Johnston and Lewis, JJ., concur; Close, P. J., and Aldrich, J., dissent and vote to reverse the judgment and to direct judgment in favor of the plaintiff, on the ground that the uneontroverted testimony conclusively established the fraud alleged. (Kaltner v. Kaltner, 268 N. Y. 293.)