Majority
p. 903Joseph Geraghty, Respondent, v. The City of Rochester, Appellant.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. All concur, except Cunningham, J., not voting. (The order grants plaintiff’s motion to strike out a certain defense contained in defendant’s answer, in a negligence action.) Present — Crosby, P. J., Cunningham, Dowling, Harris and McCurn, JJ.