Order modified, on the law, by (1) striking from the first decretal paragraph thereof the following: "First", "Second", "Fourth", "Fifth", "Sixth" and "Seventh" "Defenses" and substituting therefor: "Eighth defense" and (2) striking therefrom the second decretal paragraph. As so modified, order affirmed, without costs, and case remanded to the trial court for further proceedings not inconsistent herewith.
The record reveals a stipulation between the parties that the...
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