SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
July 7, 1969
CHICKEN DELIGHT EASTERN, INC., RESPONDENT,
RO-EN PAPER CORP., APPELLANT
Appeal by defendant from so much of an order of the Supreme Court, Kings County, dated July 8, 1968, as, on two separate motions by plaintiff, (1) dismissed the two affirmative defenses in defendant's answer to the complaint and (2) vacated in part defendant's notice of examination before trial.
Beldock, P. J., Brennan, Benjamin, Munder and Martuscello, JJ., concur.
In our opinion, the affirmative defenses are sufficient in law to warrant a trial.
Order reversed insofar as appealed from, on the law and the facts, with $10 costs and disbursements, and plaintiff's motions to dismiss the affirmative defenses and for a protective order denied.
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