Order affirmed, with $10 costs and disbursements. (See Mail & Express Co. v. Parker Axles, 204 App. Div. 327.) All concur. (Appeal from an order granting plaintiff’s motion to strike out the defense contained in paragraph “4” of defendant’s answer under rule 109 of the Rules of Civil Practice.) Present• — MeCurn, P. J., Vaughan, Kim-ball, Piper and Wheeler, JJ.