
    Juliette M. D’Amato, Respondent, v. Horace J. D’Amato, Appellant.
   Judgment unanimously affirmed, without costs and without disbursements. The complaint sought, and the court awarded, the sums payable under the agreement for the year 1964. As the defense of breach of the agreement entitling defendant to rescind depended on acts allegedly occurring in 1965 and thereafter, it was properly dismissed. Nothing herein decided affects the rights of either party as to events taking place after 1964.

Concur — McNally, J. P., Stevens, Eager and Steuer, JJ.  