Majority
p. 676John H. Krooss, as Administrator with the Will Annexed of Herman Krooss, Deceased, Appellant, v. H. Peter Maue, Individually and as Executor of Florence K. Maue, Deceased, et al., Respondents.
Order, so far as appealed from, reversed, with $20 costs and disbursements to the appellant, and the motion granted. No opinion. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Heffernan, JJ.; Cohn and Heffernan, JJ., dissent and vote to affirm. [Order denied motion to strike out third, fourth and fifth affirmative defenses.] [See post, p. 755.] .