Judgment modified upon the law and the facts by striking therefrom the provisions awarding plaintiff alimony and a counsel fee. As so modified, judgment unanimously affirmed, without costs. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein.
In view of the dismissal of the complaint, it was improper for the court to grant alimony and a counsel fee (Civ. Prac. Act, § 1164; Davis v. Davis...
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