Opinion
December 3, 1951.
Present — Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ. [See post, pp. 769, 868.]
In an action for a separation, plaintiff appeals from so much of the judgment as dismisses, on the merits, her complaint based on alleged cruelty by defendant and as fails to allow her alimony pendente lite. Defendant appeals from so much of the same judgment as dismisses, on the merits, his counterclaim based on alleged cruelty and abandonment by plaintiff and as allows to plaintiff a counsel fee of $250. The decision states that "plaintiff has failed to establish cruel and inhuman treatment as alleged in the complaint and defendant has failed to establish cruel and inhuman treatment and abandonment as alleged in the counterclaim." Judgment unanimously affirmed, without costs. No opinion.