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Justice Whelan

THE PARTIES were married in 1992. In plaintiff’s divorce action, defendant, an attorney, counterclaimed for an annulment pursuant to Domestic Relations Law §§6 and 140-a. She claimed that when the parties were married in 1992, plaintiff husband was already married to a woman who he had wed in 1985 in Las Vegas, Nevada. Plaintiff asserted that the 1985 Las Vegas marriage was itself void because the woman he married was herself married at the time. The court denied defendant’s bid for an annulment, finding that defendant failed to overcome the strong presumption afforded to her marriage to the plaintiff. The court concluded that defendant failed to establish that the woman that plaintiff married in Las Vegas in 1985 was not divorced at the time that defendant married the plaintiff in 1992. It also concluded that defendant failed to credibly rebut plaintiff’s testimony that he told the defendant that his Las Vegas marriage was void because it was bigamous.

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