Order modified by striking out its ordering paragraph and by substituting therefor: (1) a paragraph directing that the fifth defense and counterclaim alleged in defendants' answer be struck out; and (2) a paragraph directing that in all other respects the motion be denied, without costs. As so modified, order insofar as appealed from affirmed, without costs.
The fifth defense and counterclaim alleges that the corporate defendant owned the real property which is the...
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