Ordered that the order is modified, on the law, by deleting therefrom the provision granting that branch of the plaintiff's motion which was to strike the first affirmative defense and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The trial court correctly dismissed, insofar as asserted against the plaintiff, the third affirmative defense and the...
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