State v. Unitized Building Corp.

This is a motion by the plaintiffs for an order pursuant to CPLR 3211 (subd [a], par 7) dismissing the affirmative defense and counterclaim asserted by the defendants Alexander et al., upon the ground the same fails to state a cause of action. The plaintiffs further move for an order pursuant to CPLR 3211 (subd [b]) dismissing the "seventh affirmative defense” raised by the defendants Alexander et al., on the ground a defense is neither stated nor does it have merit.

This is an action by the plaintiffs to abate the discharge of untreated or partially treated sanitary sewage emanating from…