SIMMS v. SIMMS


31 Misc.2d 882 (1961)

Albert I. Simms, Plaintiff, v. Eva J. Simms, Defendant.

Supreme Court, Special Term, Kings County.

October 30, 1961


Attorney(s) appearing for the Case

Kaplan & Zabronsky for plaintiff. Nathan Black for defendant.


MURRAY T. FEIDEN, J.

Plaintiff moves to strike out the separate defense and counterclaim contained in the amended answer upon the ground that, as a defense, it is insufficient in law, and, as a counterclaim, fails to state facts sufficient to constitute a cause of action.

The action is for the annulment of a marriage upon the ground that plaintiff and defendant, both residents of the State of New York...

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