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Gervais v. Gervais

278 A.D. 950 Court N.Y. App. Div. Decision date 1951-06-06 English

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p. 950
(June 6, 1951.)
Lucille Gervais, Appellant, v. Narcisse F. Gervais, Respondent.

In an action by plaintiff wife to annul a marriage on the ground defendant husband concealed a physical condition which rendered him incapable to enter into the marriage relationship, plaintiff appeals from an order denying, with leave to renew at trial, a motion for a physical examination of defendant. Order affirmed, without costs. (Levine v. Levine, 272 App. Div. 1021 .) Nolan, P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur.