Essentially the respondent’s action is based on a promise of marriage; therefore, the action is not maintainable. (Andie v. Kaplan, 288 N. Y. 685, affg. 263 App. Div. 884.) Judgment and order should be reversed, with $30 costs, and complaint dismissed, with costs.
Hammer, Hoestadter and Eder, JJ., concur.Judgment and order reversed, etc.