Majority
p. 727Andsten Building Corporation and John Farrell, Receiver, Appellants, v. Emma Beatrice Kruse, Defendant. “ Nathan ” M. Church, Said Name Nathan Being Fictitious, etc., Respondent.
The payment to the defendant Kruse may not be urged as a defense against the plaintiff in this action. (Fletcher v. McKeon, 71 App. Div. 278 , 282.) The order of the County Court of Kings county is, therefore, reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Blackmar, P. J., Rich, Jaycox, Manning and Kelby, JJ., concur.