Ordered that the order dated September 21, 1990, is reversed, on the law, without costs or disbursements, the motion to renew is granted, upon renewal, the order dated June 21, 1990, is vacated, the plaintiff's motion to strike the defendants' third affirmative defendant is granted, and the defendants' third affirmative defense is stricken.
Although no appeal was taken from the order dated September 21, 1990, denying the plaintiff's motion, in effect, to renew, we...
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