Majority
p. 933Murray L. Jacobs, Respondent, v. Michael Tuch Foundation, Inc., Appellant.
Order, so far as appealed from, unanimously modified so as to deny the motion to strike out the second defense. We think the allegations of the second defense sufficient and, as so modified, affirmed. Settle order on notice. Present — Cohn, J. ,P., Breitel, Bastow, Botein and Bergan, JJ. [See post, p. 936.]