Majority
p. 851William B. Gray, Jr., Appellant, v. Ernest S. Wittnebel, Respondent. (Appeal No. 2.)
— Order modified so as to provide that paragraph 27 of the amended answer be struck out, and as so modified affirmed, without costs. In our opinion the challenged paragraphs, with the exception of 27, state facts that defendant may prove in justification or in mitigation of damages. The examination provided for in the order may proceed on five days’ notice. Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.