CAB Associates v. State

*640In a claim to recover damages for breach of contract, the defendant appeals from an order of the Court of Claims (Collins, J.), dated June 3, 2003, which denied its motion for summary-judgment dismissing the third, fourth, fifth, sixth, seventh, and eighth claims and, in effect, struck its first and second affirmative defenses for failure to comply with the pleading requirements of CPLR 3015 (a).

Ordered that the order is modified, on the law, by deleting the provision thereof, in effect, dismissing the defendant’s first and second affirmative defenses; as so modified, the order is affirmed,…