SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
December 29, 1969
JOHN MCGROARTY, APPELLANT,
GREAT AMERICAN INSURANCE COMPANY, RESPONDENT
Appeal by plaintiff from an order of the Supreme Court, Westchester County, dated February 19, 1969 and entered February 28, 1969, which denied his motion (1) to dismiss the affirmative defenses contained in defendant's answer and (2) for summary judgment.
Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.
Respondent concedes in its brief that it does not now urge this defense.
Order modified, on the law, by adding thereto, immediately after the word "denied", the following: "except that the motion is granted to the extent of striking out the ninth affirmative defense." As so modified, order affirmed, without costs.
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