Opinion
February, 1936.
Order granting plaintiff's motion to strike out the separate and affirmative defenses contained in the answer, pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice, affirmed, with ten dollars costs and disbursements. ( Felberose Holding Corp. v. N.Y. Rapid Transit Corp., 244 App. Div. 427.) Lazansky, P.J., Young, Hagarty, Carswell and Davis, JJ., concur.