Majority
p. 914Frances Flegenheimer, as Administratrix, etc., of Arthur Flegenheimer, Deceased, Respondent, v. Thomas A. Brogan, Appellant.
Motion for reargument denied, without costs. Motion for leave to appeal to the Court of Appeals granted. [See ante, p. 347.] The following question is certified: Is the first separate defense sufficient in law? Present — Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ.