
    Harry O. McCarthy, Respondent, v. Mary M. McCarthy, Appellant.
   We are of opinion that a new trial should not be granted, for none is needed, as the action has been tried, although not yet decided. Hagarty, Carswell and Close, JJ.,concur; Lazansky, P. J., and Adel, J., dissent and vote to affirm. (Corr V. Hoffman, 256 N. Y. 254, 267.)  