Order, entered on July 9, 1962, denying motion to strike out second and third defenses in defendants’ answer unanimously affirmed, with $20 costs and disbursements to respondents. We take the statement in Special Term’s opinion that the burden of proof to establish res judicata is on the plaintiff as meaning that upon an application to strike such a defense it was plaintiff’s obligation to demonstrate that the defense was sham. Concur — Botein, P. J., Breitel, Valente, Steuer and Bastow, JJ.