Strauss v. Stoneledge Farms, Inc.

—Order unanimously affirmed without costs. Memorandum: Plaintiff and defendant entered into an agreement pursuant to which defendant would board plaintiff’s horses for *1187a fee. One of plaintiffs horses was injured on defendant’s property when it stepped into a coil of fence wire. Plaintiff moved to dismiss certain affirmative defenses and for summary judgment dismissing other affirmative defenses and a counterclaim. Supreme Court properly denied plaintiffs motion.

Plaintiff argues that defendant’s counterclaim and eighth and ninth affirmative defenses should be dismissed because they are based…