NITSCHKE v. NITSCHKE


66 Misc.2d 435 (1971)

Reinhold F. Nitschke, Plaintiff, v. Marie T. Nitschke, Defendant.

Supreme Court, Special Term, Queens County.

April 1, 1971


Attorney(s) appearing for the Case

Segal & Dorris for defendant. Jacob M. Offenhender and Jacob Patent for plaintiff.


LEO BROWN, J.

In this action for a divorce pursuant to subdivision (5) of section 170 of the Domestic Relations Law, the defendant wife moves to dismiss the complaint pursuant to CPLR 3211 (subd. [a], par. 1) and for counsel fees in the sum of $1,500.

In 1958 the defendant herein instituted an action for annulment on the grounds that the plaintiff had previously been married and that a prior Alabama divorce was invalid. On January 8, 1960, Mr...

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