Opinion
April 29, 1948.
Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Shientag, JJ.
Without passing on the facts, we think that the judgment and order appealed from should be reversed on the law, without costs, and a new hearing granted. Judgment and order unanimously reversed on the law, without costs, and a new hearing granted. (See Monypeny v. Monypeny, 171 App. Div. 134 [1st Dept.]; Rosenzweig v. Rosenzweig, 231 App. Div. 13 [2d Dept.]; Rivett v. Rivett, 270 App. Div. 878 [4th Dept.].) Settle order on notice.