Ordered that the judgment is modified, on the law and the facts, by (1) deleting so much of the first decretal paragraph thereof as dismissed the defendant's counterclaim for a divorce and substituting therefor a provision awarding him a divorce on the ground of cruel and inhuman treatment, and (2) deleting the third decretal paragraph thereof; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to...
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