Judgment unanimously reversed on the law and facts, without costs of this appeal to either party and a new trial granted.
Memorandum:
In this separation action brought by the respondent wife on the ground of cruelty, the appellant husband interposed a general denial and a counterclaim for a judgment of divorce by reason of allegations of adultery by the wife. At the opening of the trial, the husband withdrew his counterclaim for divorce upon the following...
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