Order granting plaintiff’s motion to dismiss separate defense reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. (Goodell v. Hurlbut, 5 App. Div. 77; Landes v. Hart, 131 id. 6; *891Koster v. Pain, 41 id. 443.) The authorities cited in the opinion of the Special Term justice are not applicable. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.