Majority
p. 809John Sammatano, Respondent, v. Brooklyn and Queens Transit Corporation, as Successor to Brooklyn, Queens County and Suburban Railroad Company, Appellant. (Appeal No. 2.)
Order striking out the separate defense contained in defendant’s answer reversed on the law, with ten dollars costs and disbursements and motion denied, with ten dollars costs. In the circumstances here shown, the defendant should be permitted to avail itself of the Statute of Limitations as a defense if on the trial it is warranted by the facts disclosed. Lazansky, P. J., Kapper, Carswell, Scudder and Tompkins, JJ., concur.