New York Court of Appeals

Samuel Landsman v. Katherine Landsman

November 30, 1950302 N.Y. 45

Summary

The Court held that a marriage entered into by a person whose former spouse is still living is void ab initio, creating no rights or duties, and therefore a judgment of separation (and alimony) cannot be awarded from such a marriage. The plaintiff may bring an annulment action despite his own unclean hands, and the lower courts' judgments were reversed and remanded.