Ricciardi v. American Export Lines, Inc.

Motion for leave to appeal to the Court of Appeals granted. The following questions are certified: (1) Was the order of Special Term dated July 16, 1943, denying the plaintiff’s motion to strike out the “ Fifth ” defense contained in the answer, properly made? (2) Was the order of Special Term dated August 29, 1944, granting defendant’s motion for summary judgment, properly made? Present— Close, P. J., Hagarty, Johnston, Adel and Lewis, JJ. [See 268 App. Div. 606 .]