Opinion
December 7, 1942.
This is a divorce action. Upon appeal by the defendant from an order vacating and setting aside the decision of the court rendered in favor of the defendant and against the plaintiff, and granting a new trial, the order is reversed on the law, without costs, the motion denied, without costs, and the matter is remitted to the trial court for formal decision, as required by law. We are of opinion that a new trial should not be granted, for none is needed, as the action has been tried, although not yet decided. Hagarty, Carswell and Close, JJ., concur; Lazansky, P.J., and Adel, J., dissent and vote to affirm. ( Corr v. Hoffman, 256 N.Y. 254, 267.)