NORTON v. NORTON

Order insofar as appealed from unanimously reversed, with $25 costs and disbursements and motion for leave to amend denied, with $10 costs. Memorandum: This action is one for divorce. The order granted upon this motion permitted the defendant to amend his answer to plead a counterclaim attacking the validity of a judgment of annullment of a former marriage of the plaintiff. The proposed counterclaim was palpably insufficient on its face. ( Arcuri v. Arcuri, 265 N.Y. 358.)