GUNSBERG v. GUNSBERG

Order affirmed, with ten dollars costs and disbursements. We think the conduct of the corespondent is such as to constitute a waiver of any rights given him by section 1757 of the Code of Civil Procedure, and, therefore, we follow the decision of the First Department in Boller v. Boller ( 111 App. Div. 240.) Blackmar, P.J., Rich, Kelly, Jaycox and Manning, JJ., concur.