Per Curiam.
Hollister v. Hollister (288 N.Y. 528) on which the Special Term and respondent rely is clearly distinguishable. In the Hollister case, upon a trial, the plaintiff wife therein had procured a judgment of separation against the defendant husband and accordingly did not need a declaratory judgment that she was the wife of the defendant therein. In the case before us, not only had there been no trial when the motion to dismiss the first...
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