Jacqueline Kober v. Josef Kober

This is an annulment suit. The question is one of pleading. The appeal presents solely whether the second cause of action in the wife's amended complaint is sufficient in law. Special Term denied the defendant husband's motion to dismiss for insufficiency, stating: ""Whether the issue herein refers to matters vital to the marriage relationship must be determined at the trial."" The Appellate Division reversed, holding that the fraud alleged in the second cause of action was not vital to the marriage relationship. An earlier complaint had been dismissed at Special Term, with leave to plead over, in an opinion by Loreto, J., the reasoning of which would sustain the sufficiency of this cause of action in the amended complaint which is now before us.