Defendant has appealed from the first two orders above mentioned, and from so much of the third order as struck out the first, third and fourth defenses; and plaintiff has appealed from so much of the third above-mentioned order as denied its motion with respect to the fifth defense and the counterclaim. The first two above-mentioned orders are affirmed, and the third above-mentioned order, insofar as appealed from, is affirmed, without costs.
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