
    Samuel V. Diaper, Respondent, v. Joseph Paterno, Jr., Appellant.
   Order unanimously modified by reinstating the second defense as a complete defense and by reinstating the third defense as a partial defense, and as so modified affirmed, with $20 costs and disbursements to the appellant. Do opinion. Settle order on notice. Present — Peck, P. J., Dore, Callahan, Yan Yoorhis and Shientag, JJ.  