The decision of this court dated December 15,1959 (9 A D 2d 892), granting defendant’s motion for leave to 'appeal to the Court of Appeals on certified questions from the order of this court entered October 20, 1959, unanimously reversing a judgment in favor of the defendant and ordering a new trial, in a matrimonial action, is recalled and, upon reconsideration, the motion for leave to appeal is denied. Concur — Breitel, J. P., Rabin, M. M. Frank,"Yalente and Stevens, JJ.