Order modified by (1) striking from its decretal paragraph the provision granting plaintiff's motion without leave to amend the answer, and (2) inserting therein a provision that plaintiff's motion is denied. As so modified, order affirmed, with $10 costs and disbursements to defendants.
In our opinion the separate defense as pleaded, together with the facts adduced on the instant motion to dismiss the defense for insufficiency (CPLR 3211, subd. [b]), adequately raises...
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