Opinion
Argued January 6, 1959
Decided March 12, 1959
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE M. FANELLI, J.
William A. Hyman and Harold W. Hayman for appellant.
Lillian E. Cuff for respondent.
Order modified by striking out the third affirmative defense as to both causes of action (see Boll v. Sharp Dohme, 281 App. Div. 568, affd. 307 N.Y. 646; Thompson-Starrett Co. v. Otis Elevator Co., 271 N.Y. 36, 41; Walters v. Rao Elec. Equipment Co., 289 N.Y. 57) and, as so modified, affirmed, without costs. Question certified answered in the negative. No opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.