FORNATORA v. FORNATORA

In an action to annul a marriage on the ground of fraud, plaintiff appeals from a judgment dismissing his complaint on the merits. The defendant defaulted in appearance and the proof was taken before an Official Referee appointed to hear and determine, on whose decision judgment was entered. Judgment reversed on the law and the facts, without costs, and a new trial granted. In our opinion the findings implicit in the decision of the learned Official Referee are contrary to the weight of the credible evidence. ( Hull v. Littauer, 162 N.Y. 569; Coppo v. Coppo, 163 Misc. 249; Berger v. Berger, 73 N.Y.S.2d 384; Schulman v. Schulman, 180 Misc. 904.) Nolan, P.J., Carswell, Sneed, Wenzel and MacCrate, JJ., concur.