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D'ARCANGELO v. D'ARCANGELO

277 A.D. 644 (1951)

Simon D'Arcangelo, Appellant, v. Cora D'Arcangelo, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 24, 1951.

Attorney(s) appearing for the Case

Sanford H. Schaffer for appellant.

Richard W. Caudell for respondent.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, PIPER and WHEELER, JJ.

Per Curiam.

This is an action for the annulment of plaintiff's marriage to the defendant. No question of fact is involved. The Official Referee has determined that upon the facts shown, the plaintiff's complaint must be dismissed. The conceded facts are as follows:

Prior to August 15, 1919, defendant married one Gustave Kauf in the State of New York. On August 15, 1919, an interlocutory judgment of divorce was...

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