Order unanimously modified on plaintiff's appeal so as to eliminate the provision in the order permiting defendant to plead the defense of res judicata and the Statute of Frauds and, as so modified, affimred, with $20 costs and disbursements to plaintiff. (See Potter v. Emerol Mfg. Co., 275 App. Div. 265.).
Having construed the complaint to be one in quantum meruit, the defenses have no logical place in the answer. If on the trial it should appear...
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