Judgment modified on the law and the facts by striking therefrom the words "the cruel and inhuman treatment of the plaintiff, Morris Booke, by the defendant, Tillie Booke, and" wherever they appear. As so modified, judgment unanimously affirmed, without costs. Findings of fact inconsistent herewith are reversed and new findings will be made as indicated herein.
In our opinion, respondent failed to prove cruel and inhuman treatment by appellant.
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