Opinion
May 21, 1952. Republish.
Present — Peck, P.J., Dore, Callahan and Shientag, JJ. [See ante, p. 1061.]
Order entered January 29, 1952, denying the motion of the individuals Francis W. Ruzicka and Cecil B. Widney, named as defendants in the counterclaim herein, to strike the fourth defense and second counterclaim and the fifth defense and third counterclaim unanimously reversed, with $20 costs and disbursements to said appellants, and the motion granted. The fourth defense and second counterclaim is available only against plaintiff partnership. The fifth defense and third counterclaim is not one which may properly be interposed in the action. (See memorandum opinion in Ruzicka v. Rager, ante, p. 1061, decided herewith.) Settle order on notice.