Opinion
July 13, 1950.
Present — Taylor, P.J., McCurn, Love, Kimball and Piper, JJ.
Judgment affirmed, with costs. All concur, except Taylor, P.J., who dissents and votes for reversal and for dismissal of the complaint on the authority of Batchelor v. Batchelor ( 295 N.Y. 544). (The judgment appealed from is for plaintiff in an action for a separation.)