Order modified by striking out the third affirmative defense as to both causes of action (see Boll v. Sharp Dohme, 281 App. Div. 568, affd. 307 N.Y. 646; Thompson-Starrett Co. v. Otis Elevator Co., 271 N.Y. 36, 41; Walters v. Rao Elec. Equipment Co., 289 N.Y. 57) and, as so modified, affirmed, without costs. Question certified answered in the negative. No opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.