Majority
p. 1061Francis W. Ruzicka et al., Copartners Doing Business as Ruzicka’s, Appellants, v. Edward Rager, Respondent. Edward Rager, Respondent, v. Francis W. Ruzicka et al., Appellants, et al., Defendants. (Consolidated Appeals.)
The fourth defense and second counterclaim is available only against plaintiff partnership. The fifth defense and third counterclaim is not one which may properly be interposed in the action. (See memorandum opinion in Ruzicka v. Rager, ante, p. 1061, decided herewith.) Settle order on notice. Present — Peck, P. J., Dore, Cohn, Van Voorhis and Shientag, JJ. [See post, p. 1069.]