Lasko v. Lasko (232 A.D. 691, 1931)

Order denying defendant’s motion to dismiss the complaint affirmed, with ten dollars costs and disbursements, with leave to defendant to answer within five days from service of a copy of the order herein. Whether or not the defendant’s conduct as it may be evidenced under the allegations contained in paragraph 6 of the complaint would sustain a decree of separation may only be determined upon the trial. (Pearson v. Pearson, 230 N. Y. 141; Tower v. Tower, 134 App. Div. 670.) As a matter of mere pleading paragraph 6 is sufficient in law. Paragraph 5, however, is insufficient. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.