This motion by the plaintiff for an order, pursuant to CPLR 3211 (subd [b]), dismissing the defenses contained in the answer in paragraphs numbered 33 and 34 on the ground that said defenses have no merit, are insufficient and are inapplicable to plaintiff's cause of action, is determined as set forth below.
This is an action to recover damages based on alleged violations of article 15 of the Executive Law of the State of New...
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