
    Francis M. Conlon, Appellant, v. Peter J. McGuinness, Respondent.
   As to the first defense, order denying motion to strike out reversed on the law and the facts, without costs, and motion granted. As to the second defense, order denying motion to strike out affirmed. The facts alleged in the first defense are properly pleaded in the second defense in. mitigation of damages. Lazansky, P. J., Kapper, Hagarty, Scudder and Davis, JJ., concur.  