Order modified as follows: (1) by deleting its first decretal paragraph; (2) by substituting therefor a new decretal paragraph granting plaintiff's motion to the extent of striking out defendant's "second" defense only, with leave to defendant to replead said defense; and (3) by deleting its third decretal paragraph. As so modified, order affirmed, without costs.
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.