Majority
p. 861Minna Benjamin, Respondent, v. Harry Benjamin, Individually, and Doing Business under the Name of Harben Co., Appellant.
Action upon a promissory note. Order granting plaintiff’s motion to strike out the answer and for summary judgment under rule 113 of the Rules of Civil Practice, and judgment entered pursuant thereto, unanimously affirmed, with ten dollars costs and disbursements. No opinion. Present — Lazansky, P. J., Carswell, Davis, Adel and Close, JJ.