Order affirmed, with costs, on the ground that the answer does not controvert the allegations of the second cause of action stated in the complaint, but sets up an affirmative defense. First question certified answered in the negative; second in the affirmative. No opinion.
Concur: Cullen, Ch. J., Vann, Hiscook and Chase, JJ. Dissenting: Willard Bartlett, J. Absent; Haight and Werner, JJ.