
    Joseph V. Mitchell, Appellant, v. Harold R. Tether, Respondent, and Another, Defendant.
   Appeal by the plaintiff from an order denying his motion to strike our the respondent’s answer and for summary judgment. Order affirmed, with ten dollars costs and disbursements. We do not pass upon the sufficiency of the separate defense. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.  