Digges v. Munro , 35 N.Y.S.2d 262 ( 1942 )

Order reversed, with twenty dollars costs and disbursements, and motion granted to the extent of striking out the first and second defenses as complete defenses, with leave to the defendant to serve an amended answer within ten days after service of order. No opinion. Present- — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.; Untermyer, J., dissents and votes to affirm with leave to the defendant to serve an amended answer.