Order modified by granting the motion only to the extent of striking out the defenses of bar to this action through the election of the plaintiff to accept compensation under the Workmen’s Compensation Law of the State of New York, the Statute of Limitations and the pendency of another action; and dismissing the cross-complaints of defendants, appellants; and as so modified affirmed, without costs. No opinion. Present — Martin, P. J., Merrell, O’Malley, Glennon and Untermyer, JJ.