Levine v. Levine

Judgment of separation upon defendant’s counterclaim in an action for annulment of marriage, unanimously affirmed, with costs. There is no proof in this record sufficient to warrant a finding that respondent had deserted the appellant or abandoned their home with intent not to return, prior to the commencement by appellant of this action for annulment for fraud; nor is that alleged as a *977defense to the counterclaim. Present — Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ.