Gaines v. Jacobsen ( 1954 )

Dore, J. P.

(dissenting). For the reasons stated by the learned Trial Justice and on the authority of Sleicher v. Sleicher (251 N. Y. 366) I dissent and vote to affirm. In addition this record shows that defendant knew of the existence of plaintiff’s annulment suit before the interlocutory decree became final and could have been made a party to that action had he sought to intervene (Tafall v. Tafall, 264 App. Div. 542).

Callahan, Botein and Bergan, JJ., concur with Brbitel, J.; Dore, J. P., dissents in opinion.

Judgment reversed, with costs to the appellant and judgment is directed to be entered in favor of the appellant dismissing the complaint herein, with costs. [See post, p. 862.]