In opposing defendant's motion to strike certain allegations of the complaint as prejudicial plaintiff argues only that the motion itself is untimely (CPLR 3024, subd. [c]). As a matter of fact, that argument is correct, and on the question of timeliness alone plaintiff has shown a firm basis which might be available to defeat the motion.
On the other hand, a more pervasive problem persists on a substantive level. We could not...
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