Ordered that the order is reversed, on the law and the facts, with costs, the plaintiff's motion is granted, the defendant's cross motion is denied, and the third affirmative defense asserted by the defendant is stricken.
The plaintiff commenced this action against the defendant by personal service of a summons, which was apparently accompanied by a verified complaint. By his verified answer, the defendant asserted in his third affirmative defense that he was not...
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