
    Florence Emanuel, Respondent, v. Armand Emanuel, Appellant.
    Counsel fees are proper to enable plaintiff to defend herself from charges of unfaithfulness made in defendant’s affidavit. At this stage we are not to regard the new matter set up in the answer as conceded. Under Code of Civil Procedure, section 522, such new matter is to be “ deemed controverted * * * by traverse or avoidance.” Order affirmed, with ten dollars costs and disbursements.
   Jenks, P. J., Putnam, Blackmar, Kelly and Jaycox, JJ., concur.  