New York Court of Appeals
Lottie Romano v. Louis Romano
May 16, 196719 N.Y.2d 444
Summary
The Court held that the three‑year period for filing an action to annul a marriage on the ground of fraud is an essential qualification of the statutory cause of action, not a mere statute of limitations, and therefore the plaintiff bears the burden of proving the period had not elapsed. The Court also affirmed that the plaintiff’s nine‑year delay after the 1955 amendment, which required filing within a reasonable time, constituted an unreasonable delay and barred the action. Accordingly, the dismissal was affirmed.