Order modified, on the law, by deleting from the second and third decretal paragraphs thereof the provisions granting the motion to dismiss the first affirmative defense contained in the defendant's answer and by substituting therefor provisions that the branch of the motion which seeks dismissal of that affirmative defense is denied. As so modified, order affirmed, without costs or disbursements.
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
