Landes v. Landes

Order reversed and motion denied, without costs, on the authority of Powers v. Powers (38 App. Div. 126); Grube v. Grube (65 id. 239); Randolph v. Field (165 id. 279). Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.; Ingraham, P. J., and Scott, J., dissented upon the ground that, the defendant having failed to live updo his agreement, the plaintiff was then entitled to maintain an action for a separation and to apply for alimony.