New York Supreme Court February 1, 1961 (Randolph v. Randolph)

Frank A. Gulotta, J.

This is an action for an annulment and to impress a trust on certain real property.

The plaintiff seeks this annulment on the grounds that the defendant had a husband living at the time of the marriage of the parties. He says that while he knew that she had been previously married, she represented to him that she had procured a divorce.