Nephew v. William Higgins & Sons, Inc.

Order and judgment affirmed, with $10 costs and disbursements. All concur. (Appeal from an order of Erie Special Term granting plaintiff’s motion to strike out an affirmative defense in the answer of the defendant-third-party plaintiff. The judgment was for motion costs awarded by the order.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Van Duser, JJ.