Order, entered June 20, 1961, granting plaintiff's motion to strike out the second and fourth defenses in defendants-appellants' answer as insufficient pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice, and to dismiss the counterclaim pursuant to subdivision 6 of rule 110 of the Rules of Civil Practice unanimously modified to the extent of reinstating the fourth defense, and, as so modified, the order is affirmed, with $20 costs and disbursements to defendants...
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