Opinion
May 14, 1952.
Appeal from Supreme Court.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
This case was before us on a former appeal from an order denying the defendant's motion for judgment on the pleadings or summary judgment based on the same defense. We affirmed that order ( 274 App. Div. 690). The case of De Coigne v. Ludlum Steel Co. ( 251 App. Div. 662) is authority for the affirmance of the order. Order unanimously affirmed, with $10 costs and disbursements.