Majority
p. 788Michael Navon, Appellant and Respondent, v. Brooklyn Daily Eagle, Inc., Respondent and Appellant.
Order modified by striking therefrom the words “ and by further striking out the fourth separate and partial defense,” and as so modified affirmed, with ten dollars costs and disbursements to the defendant, appellant. We think the allegations contained in the fourth separate and partial defense of the amended answer are sufficient. Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ., concur.