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WINTER v. LEIGH-MANNELL

51 A.D.2d 1012 (1976)

James Winter, Respondent, v. Thomas Leigh-Mannell, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 8, 1976

Order affirmed, with costs.

Ordinarily the only issue presented upon a motion to strike an affirmative defense is whether there is any legal or factual basis for the assertion of the defense. Special Term recognized this principle in its order dated October 2, 1974, when it directed that a hearing be held to determine the legal sufficiency of the affirmative defense of general release as contained in appellant's answer. Special Term conducted a full-scale hearing...

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