Opinion
November 15, 1950.
Present — Taylor, P.J., McCurn, Love, Kimball and Piper, JJ.
Order affirmed, with $10 costs and disbursements. Memorandum: We think the fourth affirmative defense is not sham but it is stricken out as unnecessary as the same issue is raised by the general denial. All concur. (Appeal from an order striking out certain affirmative defenses in defendant's answer.)