Etta Y. Somberg, Respondent v. Judith G. Somberg, Appellants

Summary

The New York Court of Appeals reversed the Appellate Division and affirmed the Special Term's dismissal of the plaintiff's complaint, holding that she is not entitled to injunctive relief nor to a declaratory judgment of her marital status because no necessity exists and rumor alone does not justify such relief. The Court also declined to certify the question for further consideration. Justice Crane dissented, arguing that the defendants' false representation should be enjoined and that the plaintiff should obtain the relief sought.