Majority
p. 572Frank L. Finlaw, Respondent, v. Maurice Wertheim and Others, Appellants, Impleaded with Another.
Order granting plaintiff’s motion to strike out the first, separate and distinct defense to the first cause of action alleged in the complaint as insufficient in law, affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., Townley, Untermyer, Dore and Cohn, JJ.; Martin, P. J., and Townley, J., dissent and vote to reverse and deny the motion.