Opinion
February 25, 1960
The decision of this court dated December 15, 1959 ( 9 A.D.2d 892), granting defendant's motion for leave to appeal to the Court of Appeals on certified questions from the order of this court entered October 20, 1959, unanimously reversing a judgment in favor of the defendant and ordering a new trial, in a matrimonial action, is recalled and, upon reconsideration, the motion for leave to appeal is denied.
Concur — Breitel, J.P., Rabin, M.M. Frank, Valente and Stevens, JJ.