Per Curiam.
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 A.D. 884.) Judgment and order should be reversed, with $30 costs, and complaint dismissed, with costs.
HAMMER, HOFSTADTER and EDER, JJ., concur.
Judgment and order reversed, etc.