
    Ida Gardner, Respondent, v. Jay Gardner, Appellant.
    
      Husband and wife ■— separation — cruel and inhuman treatment — residence of plaintiff.
    
    
      Gardner v. Gardner, 206 App. Div. 789, affirmed.
    (Argued February 25, 1924;
    decided April 1, 1924.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 29, 1923, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action, wife against husband, was to obtain a separation on the ground of alleged cruel and inhuman treatment. Defendant contended that plaintiff had not resided within this state for one year as required by section 1162 of the Civil Practice Act as a condition to the maintenance of such an action.
    
      Frank S. Coburn for appellant.
    
      Benjamin C. Mead for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman JJ. Absent: Hiscock, Ch. J.  