Appellate Division of the Supreme Court of the State of New York July 7, 1948 (Hart v. Hart)

Appeal from an order denying a motion to dismiss a complaint in an action for separation. Assuming as we must the truth of the allegations contained in the complaint, it states a cause of action for separation. Order unanimously affirmed, with $10 costs and disbursements. Present — Hill, P. J., Heffernan, Brewster, Foster and Russell, JJ.