Majority
p. 756Samuel L. Siegler, Respondent, v. Laurence S. Muller and Mitchell S. Lurio, Copartners, Doing Business under the Firm Name and Style of Muller & Lurio, Appellants.
Order of the County Court of Kings county striking out affirmative defenses in defendants’ answer and granting judgment in favor of plaintiff reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The answer presents issues of fact to be tried. Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ., concur.