Appellate Division of the Supreme Court of the State of New York November 28, 1941 (Szabo v. Szabo)

Untermyer, J.

(dissenting). Although we are inclined to the opinion that the judgment in favor of the defendant on the plaintiff’s cause of action is against the weight of the evidence, that issue seems not to be important since the parties are separated under a written contract which provides for the support of the wife.