Metropolitan Milk and Cream Company, Appellant, v. The City of New York et al., Respondents

Metropolitan Milk and Cream Company, Appellant, v The City of New York et al., Respondents. Metropolitan Milk & dream Co. v. City of New York, 113 App. Div. 377, affirmed. (Argued October 1, 1906; decided October 16, 1906.) Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered. June 25, 1906, which affirmed an interlocutory judgment of Special Term overruling a demurrer to an x affirmative defense. The following questions were certified: “ Is the separate defense contained in the answer of the defendant The City of New York, and numbered VIII, insufficient in law upon the face thereof ? “ Is the- separate defense contained in the answer of the defendant The Department of Health of the City of New York, and numbered VIII, insufficient in law upon the face thereof ? ” John J. Lenehan for appellant. John J. Delany, Corporation Counsel (Theodore Connoly and Royal E. T. Riggs of counsel), for respondents. [MAJORITY] Order affirmed, with costs ; questions certified answered in the negative ; no opinion. Concur ; Ouli.en, Oh. J., Edward T. Bartlett, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.