Majority
p. 847Isaac P. Harris, Appellant, v. Robert S. Darbee, as Substituted Trustee, etc., of Karl Euchenhofer, Also Known as Karl Eichenhofer and as Charles Eichenhofer, Deceased, and Others, Respondents.
On argument, order denying motion to strike out separate defenses and for summary judgment affirmed, with ten dollars costs and disbursements. There may be questions of fact for determination on the trial. Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ., concur.