Polizzi v. Polizzi

CourtUnited States State Supreme Court (New York)
Writing for the CourtMATTHEW J. JASEN
Citation177 N.Y.S.2d 935,13 Misc.2d 309
PartiesEmma Lou POLIZZI, Plaintiff, v. Joseph C. POLLIZZI, Defendant.
Decision Date17 September 1958

Page 935

177 N.Y.S.2d 935
13 Misc.2d 309
Emma Lou POLIZZI, Plaintiff,
v.
Joseph C. POLLIZZI, Defendant.
Supreme Court, Erie County.
Sept. 17, 1958.

Leonard J. Brizdle, Buffalo, for plaintiff.

No appearance for defendant.

Page 936

MATTHEW J. JASEN, Justice.

The plaintiff in this action seeks to annul her marriage to the defendant on the ground that the defendant at the time he married her had not obtained a modification of a certain New York State divorce decree to permit him to marry in the State of New York as required by § 8 of the Domestic Relations Law.

The evidence discloses that the defendant had been divorced for his adultery in this state, and at the time he married the plaintiff at Bath, New York, he had not obtained a modification of the decree granting him permission to marry. Testimony was offered that the divorced wife was living at the time he married the plaintiff. Under these conditions the marriage of the plaintiff and the defendant was void (Merrick v. Merrick, [13 Misc.2d 310] 266 N.Y. 120, 194 N.E. 55; D'Arcangelo v. D'Arcangelo, 277 App.Div. 644, 102 N.Y.S.2d 100; Green v. Green, Sup.Ct.N.Y.County 1953, 124 N.Y.S.2d 432; De Santis v. De Santis, Sup.Ct.Kings County 1951, 103 N.Y.S.2d 419; Matter of Miccio's Estate, 193 Misc. 754, 86 N.Y.S.2d 30; Heidig v. Heidig, Sup.Ct.Westchester County 1938, 6 N.Y.S.2d 405). See, also, Landsman v. Landsman, 302 N.Y. 45, 96 N.E.2d 81.

Submit findings and decree accordingly.

To continue reading

Request your trial
4 practice notes
  • Newins' Estate, In re
    • United States
    • New York Supreme Court Appellate Division
    • 4 Junio 1962
    ...Lenore's legitimacy. Of course, if the marriage Page 283 was void under section 8 of the Domestic Relations Law (see Polizzi v. Polizzi, 13 Misc.2d 309, 177 N.Y.S.2d 935), the good faith of Esther in entering into it would be of no avail (Matter of Moncrief's Will, 235 N.Y. 390, 139 N.E. 55......
  • Seagriff v. Seagriff
    • United States
    • New York Domestic Relations Court
    • 22 Enero 1960
    ...in New York State in violation of the decree would be void ab initio (Amsterdam v. Amsterdam, Sup., 56 N.Y.S.2d 19; Polizzi v. Polizzi, 13 Misc.2d 309, 177 N.Y.S.2d 935). In addition, by virtue of Chapter 606, Laws of 1933, in effect April 29, 1933, common-law marriages could not thereafter......
  • Strobel v. Strobel
    • United States
    • United States State Supreme Court (New York)
    • 17 Septiembre 1962
    ...is no question but that a marriage violative of Section 8 of the Domestic Relations Law is void from its inception (Polizzi v. Polizzi, 13 Misc.2d 309, 177 N.Y.S.2d 935). Because the marriage was void defenses of unclean hands, estoppel, good faith and the like are not available to defeat t......
  • Grisolio v. Grisolio
    • United States
    • United States State Supreme Court (New York)
    • 2 Enero 1970
    ...Section 8 of the Domestic Relations Law. The subsequent act of the legislature did not change the situation. Polizzi v. Polizzi (1958), 13 Misc.2d 309, and cases cited 309--310, 177 N.Y.S.2d 935, and cases cited 935--936; Cf. Matter of Farber v. United States Trucking Corp., Decision, Berga......
4 cases
  • Newins' Estate, In re
    • United States
    • New York Supreme Court Appellate Division
    • 4 Junio 1962
    ...Lenore's legitimacy. Of course, if the marriage Page 283 was void under section 8 of the Domestic Relations Law (see Polizzi v. Polizzi, 13 Misc.2d 309, 177 N.Y.S.2d 935), the good faith of Esther in entering into it would be of no avail (Matter of Moncrief's Will, 235 N.Y. 390, 139 N.E. 55......
  • Seagriff v. Seagriff
    • United States
    • New York Domestic Relations Court
    • 22 Enero 1960
    ...in New York State in violation of the decree would be void ab initio (Amsterdam v. Amsterdam, Sup., 56 N.Y.S.2d 19; Polizzi v. Polizzi, 13 Misc.2d 309, 177 N.Y.S.2d 935). In addition, by virtue of Chapter 606, Laws of 1933, in effect April 29, 1933, common-law marriages could not thereafter......
  • Strobel v. Strobel
    • United States
    • United States State Supreme Court (New York)
    • 17 Septiembre 1962
    ...is no question but that a marriage violative of Section 8 of the Domestic Relations Law is void from its inception (Polizzi v. Polizzi, 13 Misc.2d 309, 177 N.Y.S.2d 935). Because the marriage was void defenses of unclean hands, estoppel, good faith and the like are not available to defeat t......
  • Grisolio v. Grisolio
    • United States
    • United States State Supreme Court (New York)
    • 2 Enero 1970
    ...Section 8 of the Domestic Relations Law. The subsequent act of the legislature did not change the situation. Polizzi v. Polizzi (1958), 13 Misc.2d 309, and cases cited 309--310, 177 N.Y.S.2d 935, and cases cited 935--936; Cf. Matter of Farber v. United States Trucking Corp., Decision, Berga......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT