Opinion
June 16, 1959
Order unanimously affirmed, with $20 costs and disbursements to the respondent. It is not necessary to plead the matter contained in the separate defense and counterclaim in order to ensure its materiality under the pleadings. If defendant offers evidence relating to the allegations of the aforementioned defense and counterclaim, it will be for the trial court to pass upon its admissibility.
Concur — Botein, P.J., Breitel, Valente, Stevens and Bastow, JJ.