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OpenJurist

258 A.D. 920

Bernstein v. Bernstein

Appellate Division of the Supreme Court of the State of New York · decided 1939-12-26

Decided 1939-12-26

¶1The action is for the annulment of a marriage under section 7, subdivision 5, of the Domestic Relations Law. An order framing issues and directing that they be tried by a jury was made. The jury rendered a verdict that the defendant was not incurably insane. Order granting defendant’s motion for a jury trial unanimously affirmed, without costs. Judgment in favor of the defendant reversed on the facts, without costs, and a new trial granted. In our opinion the verdict is against the weight of the evidence. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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