Order unanimously reversed, without costs, motion granted, and complaint dismissed.
Memorandum:
Plaintiffs Elliott Kimbrough and his wife Margery commenced separate negligence actions against defendant alleging that injuries sustained when they were assaulted by two trespassers in a building owned by defendant were caused by various acts of negligence on the part of defendant. Defendant's answer asserted by way of "affirmative defense" that plaintiffs were...
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