Eisleben v. Dean

*1307Appeal from an order of the Supreme Court, Oneida County (Norman I. Siegel, J.), entered December 12, 2014 in a personal injury action. The order, insofar as appealed from, granted that part of plaintiffs motion seeking to strike defendant’s third affirmative defense in the amended answer and denied defendant’s cross motion for summary judgment dismissing the complaint.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, plaintiff’s motion is denied in its entirety, the third affirmative defense in the amended answer is reinstated,…