Opinion
March, 1928.
Order reversed upon the law and the facts, without costs, and motion for alimony, counsel fee, etc., denied without prejudice, without costs. The record herein does not show reasonable probability that the plaintiff will prevail upon the trial and, therefore, the granting of temporary alimony, counsel fee, etc., was improper. ( De Vide v. De Vide, 186 App. Div. 814.) Lazansky, P.J., Rich, Young, Seeger and Carswell, JJ., concur.