(d) Physical incapacity.
The injured party may maintain an action to annul a marriage on the ground that one of the parties was physically incapable of entering into the marriage state against the party whose incapacity is alleged. Such an action can be maintained only where an incapacity continues and is incurable, and must be commenced before five years have expired since the marriage.
The level of proof necessary for an Annulment is higher than for a divorce. You will need to prove the problem is incurable (tough to prove) and corroborate the claim with some outside testimony, such as a doctor or other person who would know of this problem.
Since you do not have any children and the marriage is of such short duration, perhaps you should consider
A Divorce instead of an Annulment. You could use the “no-fault “ grounds recently enacted and save you and your spouse much
Time and embarrassment. Remember, there are records of Annulments in NY State just as there are records of Divorces.
Leonard M. Weiner, Esq./ Divorce Solutions