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Charles E. Lord and Kenneth Lord, Copartners, etc. v. Harry Bernstein and Samuel Du Bois, Doing Business under the Firm Name of H. Bernstein & Co.
Plaintiffs are entitled to an examination with respect to the defendants’ affirmative defense of cancellation. (Schweinburg v. Altman, 131 App. Div. 795; Oshinsky v. Gumberg, 188 id. 23.) The order is, therefore, modified by striking therefrom the paragraph marked “(4),” and as modified affirmed, without costs. No opinion. Blackmar, P. J., Rich, Kelly, Jaycox and Young, JJ., concur.
