Order modified by striking from the ordering paragraph the word "denied" and by adding thereto a provision that the motion is granted as to the second defense and denied as to the first defense. As so modified, order affirmed, without costs.
Both defenses are pleaded as complete defenses. Giving to the pleader the benefit of every favorable inference, the first defense may be deemed sufficient. As to the second defense, however, even if such favorable inferences be...
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