Ordered that the order is modified by deleting the provision thereof granting that branch of the plaintiffs' motion which was to dismiss the first affirmative defense and substituting therefor a provision denying that branch of the plaintiffs' motion; as so modified, the order is affirmed insofar as appealed from, with costs to the defendant.
As a general rule, where the plaintiffs properly challenge the factual basis of a defense, the burden falls upon the defendant...
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.
