Majority
p. 698Walter I. Russell, Appellant, v. Societe Anonyme Des Establissements Aeroxon, a Corporation, Defendant, and Friedrich Kaiser, Sued Herein as Frederick Kaiser, Respondent
Order modified so as to permit service of a supplemental answer so far as it contains the defense of the Statute of Frauds, excluding therefrom the defense of failure to arbitrate. As so modified, the order, so far as appealed from, is affirmed, without costs; the supplemental answer to be served within five days from the entry of the order herein. No opinion. Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ., concur.