Majority
p. 875Charles Kessler et al., Respondents, v. Frank A. Breit, Appellant.
Order unanimously affirmed, with costs, with leave to appellant to file an amended answer, within 20 days of the order entered hereon, invoking subdivision 6 of section 29 of the Workmen’s Compensation Law if so advised. (See Fabrizio v. Fader, 6 A D 2d 1015 .) (Appeal from order of Monroe Special Term granting motion to dismiss affirmative defense in automobile negligence action.) Present — Marsh, J. P., Witmer, Gabrielli, Moule and Henry, JJ.