Opinion
February 19, 1985
Appeal from the Supreme Court, Richmond County (Rubin, J.).
Order affirmed, with costs.
It cannot be said that either of the affirmative defenses has no merit as a matter of law ( see, CPLR 3212 [b]; Siegel, NY Prac § 269). Titone, J.P., Thompson, O'Connor and Eiber, JJ., concur.