Order modified, on the law, by deleting the provision thereof which denied that branch of the plaintiff's motion which sought dismissal of the defendant Weider's first affirmative defense and substituting therefor a provision granting said branch of the motion. As so modified, order affirmed, insofar as appealed from, without costs or disbursements.
Material and triable issues of fact remain to be determined. Therefore, Special Term properly denied summary judgment...
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