256 A.D. 959 | N.Y. App. Div. | 1939
Judgment modified by striking out the provision granting defendant a separation on his counterclaim, and the counterclaim dismissed, without costs, JA the ground that the evidence discloses that plaintiff had not abandoned defi 'dant; and, as so modified, the judgment is affirmed, without costs. Findings of Set and conclusions of law will be made. Davis, Adel and Close, JJ., concur; Hagarty and Carswell,