Miller v. Miller , 34 N.Y.S.2d 416 ( 1942 )

In an action for a separation, in which the defendant counterclaimed for an annulment, an interlocutory judgment was entered after trial, granting an annulment and dismissing the complaint. Interlocutory judgment unanimously affirmed, without costs. There is ample evidence to support the findings of the trial court. It is not necessary, therefore, to pass upon the question of estoppel. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ.