Ordered that the order is modified by deleting the third, fourth, fifth, and sixth decretal paragraphs thereof and substituting therefor a provision denying the plaintiff's motion to strike the first affirmative defense of the defendant Albert Rabizadeh; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
There are questions of fact as to whether the defendants were "united in interest" (see, Ruane v Cooper
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