Opinion
November 17, 1953.
Present — Cohn, J.P., Breitel, Bastow, Botein and Bergan, JJ. [See post, p. 936.]
Order, so far as appealed from, unanimously modified so as to deny the motion to strike out the second defense. We think the allegations of the second defense sufficient and, as so modified, affirmed. Settle order on notice.