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Mildred Nero, Appellant,<BR> v. <BR>Dominic Nero, Respondent.

LIDDLE, J.

Arthur Ward and William F. Hahn for appellant. Alexander Grasso for respondent. LIDDLE, J. The unverified complaint upon this appeal alleges that during the pendency of an annulment action in the Supreme Court, Schenectady County, an alleged cash settlement was entered into whereby defendant husband promised to pay the Court and the City Court below was without jurisdiction of the subject matter of the action. (Schley v. Andrews, 225 N.Y. 110; see, also, Civ. Prac. Act, § 1172-c.) It is further to be noted that since the granting of the final annulment decree, plaintiff-appellant has remarried. Accordingly, the alleged agreement was against public policy and void. See Davis v. Welber (278 App. Div. 36). Judgment of the City Court is affirmed and the complaint dismissed, with costs. Submit order.

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Nero v. Nero
(May 1, 1951)