Order, entered June 12, 1968, reversed on the law and motion granted, without costs.
In an action for a separation defendant pleaded a counterclaim to impress a trust upon various securities and bank accounts. Plaintiff's reply contained six separate defenses which defendant moved to dismiss pursuant to CPLR 3211 (subd. [b]). On such a motion if the moving party properly challenges the factual basis of the defenses it is incumbent on the party asserting the defense...
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