
    Murray Srebnik, Appellant, v. Estelle Wein, Respondent
    Supreme Court, Appellate Term, Second Department,
    May 26, 1948.
    
      
      Milton Meshel and Morris L. Meshel for appellant.
    
      Sidney Eisen for respondent.
   Per Curiam.

The complaint alleging a mutual rescission of the contract to marry and a further agreement to return each other’s gifts, stated a good cause of action.

The judgment should he unanimously reversed on the law, with $10 costs to plaintiff, and motion denied, with $10 costs.

MacCrate, Fennelly and Golden, JJ., concur.

Judgment reversed, etc.  