Order, entered on November 4, 1966, unanimously modified on the law, to the extent of reinstating the affirmative defense of collateral estoppel which was dismissed by Special Term upon plaintiff's motion made pursuant to CPLR 3211 (subds. [b], [c]), and otherwise affirmed, with $50 costs and disbursements to defendant-appellant.
Without passing upon the merits thereof, we are of the opinion that a legal defense has been stated, and that there are triable issues in...
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