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213 N.Y. 708

Deitch v. . Deitch

New York Court of Appeals

Decided January 19, 1915

New York Court of Appeals · decided 1915-01-19

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 10, 1914, which affirmed an interlocutory judgment of Special Term overruling a demurrer to an affirmative defense contained in the answer in an action for annulment of marriage.

Decided 1915-01-19

¶1 The following question was certified: “Is the defend- , ant’s affirmative defense contained" in his amended answer sufficient in law upon the face thereof as a defense to the second cause of action set forth in the plaintiff’s complaint herein ? ”

¶2 Order affirmed, without costs, and question certified answered in the affirmative; no opinion.

¶3 Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Collin, Hogan, Miller and Cardozo, JJ.

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