Opinion
May 4, 1967 Republished
Order entered October 19, 1966 denying defendant's motion to dismiss the complaint for lack of jurisdiction of the subject matter, unanimously reversed on the law, with $50 costs and disbursements to the appellant, the complaint dismissed on the authority of Magowan v. Magowan ( 45 Misc.2d 972, affd. 24 A.D.2d 840, revd. 19 N.Y.2d 296) and the counterclaims in the answer of the defendant severed.
Concur — Botein, P.J., Stevens, Tilzer, McNally and McGivern, JJ.