D. P. C. Corp. v. Warman

Order unanimously reversed, with costs, and motion denied, with $10 costs. Memorandum: In our opinion the new matter which has been stricken out would, if proven, constitute a defense to plaintiff’s cause of action. (Appeal by defendant from order of Onondaga Special Term dismissing affirmative defense in answer; also cross appeal from certain parts of the same order which fails to grant summary judgment to plaintiff.) Present — Williams, P. J., Goldman, Henry, Noonan and Del Yeeehio, JJ.