Opinion
April 29, 1953.
Present — Taylor, P.J., McCurn, Vaughan, Piper and Wheeler, JJ.
Judgment and order affirmed, with costs. (See Niles v. New York Central H.R.R.R. Co., 176 N.Y. 119.) All concur. (Appeal from a judgment for plaintiff in an action on a promissory note. The order granted plaintiff's motion to strike out defendant-appellant's answer and counterclaim and for summary judgment.)