Order reversed on the law and the facts, with $10 costs and disbursements, and plaintiff's motion denied, with $10 costs.
Since it appeared from the motion papers that defendant and his wife were living separate and apart at all times during which plaintiff rendered services to the wife, it was incumbent upon him to establish, in order to recover on the theory that his services were necessaries for which defendant is liable, that such separation was due to the fault...
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