Order modified, on the law, by deleting therefrom the provision which denied the branch of the motion seeking dismissal of the fourth and fifth affirmative defenses and substituting therefor a provision granting the said branch of plaintiff's motion. As so modified, order affirmed insofar as appealed from, without costs or disbursements, and with leave to defendant to replead as to the second, third, fourth and fifth affirmative defenses.
Defendant's time to replead...
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