
    Queens Boulevard Syndicate, Inc., Respondent, v. Kew Gardens Engineering Corporation and Others, Defendants. Small’s & Strausberg’s Queens Theatres, Inc., Appellant.
   Order reversed upon the law,. with ten dollars costs and disbursements, and motion to strike out denied, with ten dollars costs. We are of opinion that the facts alleged in the second defense are sufficient to constitute a defense to the cause of action alleged by plaintiff in. its complaint. Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.  