Phinny v. Hay

Order affirmed, with ten dollars costs and disbursements. The provision thereon as to striking out the denials in paragraph 10 of the answer does not preclude the defendants to plead denials of the existence of any fact alleged in the complaint in order “ to *946perfect the answer as a complete affirmative defense.” (See Einstein v. Einstein, 158 App. Div. 500; Douglass v. Phenix Ins. Co., 138 N. Y. 216.) Jenks, P. J., Thomas, Oarr, Mills and ¡Rich, JJ., concurred.