
    KURZ, Appellant, v. SCHRAEFEL, Respondent.
    (Supreme Court, Appellate Division, Second Department.
    November 24, 1911.)
    Action by Andrew Kurz, as administrator, etc., of Katharina Kurz, deceased, against Frances Schraefel.
   PER CURIAM.

The defense of defect of parties, not having been taken by answer or demurrer, is not available upon the trial. Wolverton v. Rogers, 123 App. Div. 45, 107 N. Y. Supp. 883. Judgment reversed, and new trial granted; costs to abide the final award of costs.  