Pierre E. Mouscardy v. Nicole Mouscardy

[52 A.D.2d 841 Page 841] In an action for annulment, the plaintiff husband appeals from a judgment of the Supreme Court, Queens County, dated December 18, 1975, which, after a non-jury trial, inter alia, dismissed the complaint, directed him to pay alimony and child support in amounts to be determined by the Family Court and awarded custody of the infant issue of the marriage to defendant. Judgment modified, on the law, by deleting therefrom the second and fourth decretal paragraphs and by substituting therefor a provision remanding the action to the Family Court for a determination of the question of custody of the infant issue of the marriage and, if necessary, the amount of child support to be paid by plaintiff to defendant. As so modified judgment affirmed, without costs or disbursements. No questions of fact were considered on this appeal. Plaintiff, a New York resident, procured a unilateral Mexican divorce in 1960. He married defendant in 1964 in Jamaica, British West Indies. When he applied to the Jamaican authorities for a permit to marry, he presented a copy of his Mexican divorce. In 1973 plaintiff procured a unilateral Haitian divorce; he has fathered three children by defendant.Allegedly being advised that the latter decree was invalid, he commenced this action to annul his marriage to defendant upon [52 A.D.2d 841 Page 842]