Gervais v. Gervais (278 A.D. 950, 1951)

In an action by plaintiff wife to annul a marriage on the ground defendant husband concealed a physical condition which rendered him incapable to enter into the marriage relationship, plaintiff appeals from an order denying, with leave to renew at trial, a motion for a physical examination of defendant. Order affirmed, without costs. (Levine v. Levine, 272 App. Div. 1021.) Nolan, P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur.