See v. New York Central Railroad Co.

This action is in negligence to recover damages for the death of plaintiff’s husband, which occured on April 19,1940. The answer in addition to a general denial alleges as a defense that the accident occurred and the injuries were sustained while plaintiff’s intestate was using a pass containing a provision releasing the defendant from damages because of negligence. Plaintiff moved to strike out the separate defense and the Special Term denied the application. Order unanimously affirmed, without costs. Present — Hill, P. J., Bliss, Heffernan, Schenck and Poster, JJ.