Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the plaintiff's motion which was to strike the affirmative defenses of the defendant Kenneth I. Wilpon, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the appellant.
The first affirmative defense alleges that the plaintiff failed to state a cause of action. However, "[i]n this...
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