Order appealed from modified so as to provide that paragraphs numbered 3, 4 and 5 of the reply be struck out in addition to the paragraphs struck out by the Special Term, and as so modified affirmed, without costs. These paragraphs are mere statements of conclusions as to the issues and findings and as to the effect of the judgment in the prior action, the judgment roll in which is made a part of the amended answer. Lazansky, P. J., Kapper, Carswell, Scudder and Tompkins, JJ., concur.