This is a motion by plaintiff for an order striking out the "First, Affirmative and Complete Defense" to the complaint, as set forth in paragraphs numbered "3" through "5", inclusive, pursuant to subdivision 5 of rule 109 of the Rules of Civil Practice, upon the ground that it appears on the face of said defense that the same is insufficient in law.
The plaintiff relies upon the rule enunciated by the Court of Appeals in Borax...
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