Brillis v. Brillis

• Decision Date: 16 May 1957
• Citation: 164 N.Y.S.2d 23,3 N.Y.2d 768
• Parties: , 143 N.E.2d 783 Aspasia BRILLIS, Respondent, v. Petros BRILLIS, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 23

164 N.Y.S.2d 23

3 N.Y.2d 768, 143 N.E.2d 783

Aspasia BRILLIS, Respondent, v. Petros BRILLIS, Appellant.

Court of Appeals of New York.

May 16, 1957.

Appeal from Supreme Court, Division, Second Department, 3 A.D.2d 662, 158 N.Y.S.2d 780.

Wife brought action for annulment of marriage, on ground of fraud. It was the contention of the wife that husband, who was a resident and citizen of Greece, married her to facilitate his re-entry into the United States as a nonquota immigrant, and that he did not intend to establish a home for her and to strive to support her.

The Supreme Court, Special Term, Queens County, Stoddart, J., 207 Misc. 104, 137 N.Y.S.2d 32, granted judgment of annulment and held that evidence clearly sustained the contention of the wife, so as to entitle her to judgment of annulment.

The Appellate Division, 3 A.D.2d 662, 158 N.Y.S.2d 780, affirmed the judgment.

The husband made a motion in the Court of Appeals for leave to prosecute appeal as a poor person and for assignment of counsel.

Motion for leave to prosecute appeal as a poor person and for assignment of counsel granted and John Tsakoniotis, Esq., 280 Broadway, New York, N. Y., assigned as counsel to the appellant on the appeal herein.