Opinion
March 17, 1952.
In an action to recover damages for personal injuries, defendant appeals from two orders. Order denying defendant's motion to direct plaintiff to serve a reply to the affirmative defense contained in its answer reversed on the law, without costs, and motion granted, without costs; the reply to be served within twenty days after entry of the order hereon. The action shall retain its place on the calendar. The denial of the motion was an improvident exercise of discretion. Order denying defendant's motion for a separate trial of the issue arising upon said affirmative defense, affirmed, without costs, with leave to renew such motion before the Trial Judge, if defendant be so advised. No opinion. Nolan, P.J., Carswell, Adel, Wenzel and Schmidt, JJ., concur.