
    LANDES, Respondent, v. LANDES, Appellant.
    (Supreme Court, Appellate Division, First Department.
    July 9, 1915.)
    Action by Augusta Landes against Leonard Landes. C. Goldzier, of New York City, for appellant. II. M. Phillips, of New York City, for respondent.
   PER CURIAM.

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.  