Opinion
March 18, 1971
Judgment, Supreme Court, New York County, entered on September 17, 1970, unanimously reversed, on the law, without costs and without disbursements, the judgment vacated, and judgment directed for plaintiff for divorce, and the case remanded to Trial Term for further proceedings. In this action for divorce under subdivision (5) of section 170 Dom. Rel. of the Domestic Relations Law, Trial Term dismissed the complaint. Judgment reversed on authority of Harris v. Harris, 36 A.D.2d 594).
Concur — Stevens, P.J., Nunez, Kupferman, McNally and Steuer, JJ.