Opinion
January 15, 1958
Appeal from the Monroe Special Term.
Present — Kimball, J.P., Williams, Bastow, Goldman and Halpern, JJ.
Order affirmed, with $10 costs and disbursements. Memorandum: Without attempting at this time to determine the sufficiency of the defense as pleaded, we believe that the defense should properly remain in the answer for disposition at the trial. All concur.