
    Peter Zapp, Appellant, v. Victoria Zapp, Respondent.
    
      Husband and wife — separation — insufficiency of evidence to warrant separation on ground of abandonment.
    
    
      Zapp v. Zapp, 219 App. Div. 834, affirmed.
    (Argued November 29, 1927;
    decided December 13, 1927.)
    Appeal from a judgment, entered March 30, 1927, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint in an action, husband against wife, to obtain a separation on the ground of abandonment. The Appellate Division held that the evidence was insufficient to sustain a finding that defendant abandoned plaintiff with the degree of finality necessary to entitle him to a separation.
    
      Philip M. Bromberg and James M. Fawcett for appellant.
    
      Martin C. Ansorge and Harry Hershhorn for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  