Majority
p. 1008(March 23, 1942.) Amex Asphalt Corporation and M. E. Glass, Appellants, v. The City of New York, Respondent.
Plaintiffs’ motion for leave to appeal to the Court of Appeals granted. [See ante, p. 968.] The following question is certified: Should the plaintiffs’ motion to strike out the third defense of the amended answer have been granted? Defendant’s motion for leave to appeal to the Court of Appeals granted. [See ante, p. 968.] The following question is certified: Should the plaintiffs’ motion to strike out the first defense of the amended answer have been granted? Present — Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ.