Order, so far as appealed from, unanimously reversed and the motion granted, with leave to replead as a partial defense so much of the allegations of the stricken pleading as is appropriate as a partial defense.
The vice in allowing the defense as presently pleaded to stand as a partial defense is that it is largely conceived and framed as a counterclaim which is not allowed. Much of it is inappropriate as a defense and should not be allowed to stand as such. In the...
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