Opinion
March 23, 1950.
Present — Taylor, P.J., McCurn, Love, Vaughan and Kimball, JJ.
Order affirmed, with $10 costs and disbursements. All concur. (The order entered April 23, 1949, resettled a previous order directing a separate and prior trial of the issues raised by the affirmative defense in the answer of defendant Baker. The order entered October 2, 1948, denied a motion by defendant Baker for dismissal of the complaint.)