Opinion
May 19, 1944.
Present — Martin, P.J., Glennon, Untermyer, Dore and Cohn, JJ.; Untermyer and Dore, JJ., dissent in part and vote to modify the orders appealed from by denying the motion to dismiss the second, third, fourth and fifth defenses, and, as so modified, to affirm. ( Morgan Munitions Co. v. Studebaker Corp., 226 N.Y. 94, 98; Staten Island M.R.R. Co. v. Hinchliffe, 170 N.Y. 473, 481; Home Insurance Co. v. Gillespie Loading Co., 222 App. Div. 67, 68; 3 Abbott's Forms of Pleading [3d ed.], note, p. 2394.
Orders, so far as appealed from, affirmed, with twenty dollars costs and disbursements. No opinion.