Landes v. Landes

Order reversed, and motion, denied, without costs, on the authority of Powers v. Powers, 33 App. Div. 126, 53 N. Y. Supp. 346; Grube v. Grube, 65 App. Div. 239, 72 N. Y. Supp. 529; Randolph v. Field, 165 App. Div. 279, 150 N. Y. Supp. 822.

INGRAHAM, P. J., and SCOTT, J., dissent upon the ground that, the defendant having failed to live up to his agreement, the plaintiff was then entitled to maintain an action for a separation and to apply for alimony. Order filed.