This is a motion by the plaintiffs "for a judgment dismissing the affirmative defense contained in paragraph designated `FOURTH' in the answer of the defendants BENJAMIN FALK and PAULINE FALK, pursuant to CPLR 3211 (b), on the ground that a defense is not stated". The affirmative defense alleges as follows: "FOURTH: The complaint herein does not state facts sufficient to constitute any cause of action against these answering defendants...
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