Order unanimously modified on plaintiff's appeal so as to eliminate the provision in the order permitting defendant to plead the defense of res judicata and the Statute of Frauds and, as so modified, affirmed, with $20 costs and disbursements to plaintiff. (See Potter v. Emerol Mfg. Co., 275 App. Div. 265. ) Having construed the complaint to be one in quantum meruit, the defenses have no logical place in the answer. If on the trial it should appear that plaintiff is attempting to recover on the contract rather than for the reasonable value of his services, an amendment to the answer would be allowable to present appropriate defenses. Settle order on notice.