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Brasca v. Brasca

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 1950
276 App. Div. 1018 (N.Y. App. Div. 1950)

Opinion

March 13, 1950.


Action to annul a marriage on the ground of fraud. Plaintiff appeals from a judgment dismissing her complaint on the merits. Defendant defaulted in appearance and the proof was taken before an Official Referee, appointed to hear and determine, on whose decision judgment was entered. Judgment reversed on the law and the facts, without costs, and a new trial granted. The findings of the Official Referee are contrary to and against the weight of the credible evidence. ( Fundaro v. Fundaro, 272 App. Div. 825; Fornatora v. Fornatora, 275 App. Div. 847, and cases cited therein.) The new trial should be at a Special Term or before another referee. Carswell, Acting P.J., Johnston, Sneed, Wenzel and MacCrate, JJ., concur.


Summaries of

Brasca v. Brasca

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 1950
276 App. Div. 1018 (N.Y. App. Div. 1950)
Case details for

Brasca v. Brasca

Case Details

Full title:JOSEPHINE BRASCA, Appellant, v. FRANCIS V. BRASCA, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 13, 1950

Citations

276 App. Div. 1018 (N.Y. App. Div. 1950)

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