Opinion
January, 1933.
Order framing issues for jury trial upon condition reversed on the law and the facts, without costs, and motion denied, with leave to defendant to renew upon plaintiff moving the case for trial. In our opinion, the motion is premature. Plaintiff is not obliged to proceed to trial until and unless defendant complies with the order granting alimony and counsel fee pendente lite. Young, Kapper, Hagarty, Tompkins and Davis, JJ., concur.