Jacobs v. Michael Tuch Foundation, Inc. ( 1953 )

Order, so far as appealed from, unanimously modified so as to deny the motion to strike out the second defense and, as so modified, affirmed. We think the allegations of the second defense sufficient. Settle order on notice. Present — Cohn, J. P., Breitel, Bastow, Botein and Bergan, JJ. [See ante, p. 933.]