Order, entered September 9, 1965, unanimously reversed, on the law, without costs and disbursements to any party, and motion to strike defenses and counterclaims denied, without costs.
Under the circumstances, the striking of the defendant's alleged defenses and counterclaims, without a determination on the merits, tends to defeat the proper purpose of this declaratory judgment action, namely, the complete and final settlement of the rights and legal relations of...
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