Halleran v. Manzione — 257 A.D. 1003

Majority

p. 1003

(June 30, 1939.)

Laurence B. Halleran, Appellant, v. Saveria Manzione and Others, Defendants, and Florence M. Kimball (Formerly Known as Florence M. Griffin), Individually and as Administratrix, etc., of George Griffin, Deceased, and Others, Respondents.

Motion for leave to appeal to the Court of Appeals granted. [See ante, p. 852.] The following questions are certified:

1. Is the first “ separate defense ” sufficient in law to constitute a defense to the action?

2. Is the second “ separate defense ” sufficient in law to constitute a defense to the action?

3. Is the third “ separate defense ” sufficient in law to constitute a defense to the action?

4. Is the fourth “ separate defense ” (paragraph tenth thereof having been eliminated by the order of the Appellate Division) sufficient in law to constitute a defense to the action?

5. Is the fifth “ separate defense ” sufficient in law to constitute a defense to the action?

6. Is the sixth “ separate defense ” sufficient in law to constitute a partial defense to the action?

Present — Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ.