Opinion
December 1, 1960
Appeal from the Monroe Special Term.
Present — Bastow, J.P., Goldman, Halpern, McClusky and Henry, JJ.
Order unanimously modified by striking therefrom the third ordering paragraph and as modified affirmed, with $25 costs and disbursements to the plaintiff-respondent. Memorandum: In our opinion it was error to permit the plaintiff to serve a reply to the affirmative defense set forth in the answer. (See Hardecker v. Klem, 249 App. Div. 736; Taubenfeld v. Taubenfeld, 197 Misc. 1072.)