Ogino v. Black

So much of the order of the Appellate Division as affirmed the Special Term orders appealed from, to the extent that they strike out the first two separate affirmative defenses in the amended answer, is affirmed, without costs, and the first, third and fourth certified questions are answered in the affirmative. To answer the second certified question would determine the very issue which the Appellate Division decided should “ await an examination of North Carolina law at such time as the merits of this defense may be considered.” (278 App. Div. 146, 150.) We have no such advisory jurisdiction…