These cross motions, one by the defendant under rule 113 of the Rules of Civil Practice, seeking summary judgment in his favor and the other by the plaintiff under subdivision 6 of rule 109, seeking to strike out the separate defense pleaded in the answer as insufficient on law, are both dependent upon the effect of recently enacted (L. 1949, ch. 203) subdivision 10 of section 31 of the New York Personal Property Law.
This subdivision...
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