Opinion
December 19, 1939.
Action to rescind and cancel a contract. Resettled order denying plaintiff's motion to strike out the first and third defenses contained in defendant's answer modified by adding thereto the following after the word "denied" in the second ordering paragraph: "without prejudice upon the trial to a determination in reference to the third affirmative defense as to whether the facts presented constitute a complete or a partial defense." As thus modified, the order, in so far as appealed from, is affirmed, without costs. No opinion. Lazansky, P.J., Hagarty, Johnston, Adel and Close, JJ., concur.