Appellate Division of the Supreme Court of the State of New York December 19, 1939 (Serota v. Serota)

Action to rescind and cancel a contract. Resettled order denying plaintiff’s motion to strike out the first and third defenses contained in defendant’s answer modified by adding thereto the following after the word “ denied ” in the second ordering paragraph; “ without *919prejudice upon the trial to a determination in reference to the third affirmative defense as to whether the facts presented