
    Laurel Nephew, as Administratrix of the Estate of Robert C. Nephew, Deceased, Respondent, v. William Higgins & Sons, Inc., Appellant and Third-Party Plaintiff, et al., Defendant. H. F. Stimm, Inc., Third-Party Defendant.
   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.  