Opinion
October 13, 1998
Appeal from the Supreme Court, Westchester County (Silverman, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Upon a motion to dismiss a defense, the defendant is entitled to the benefit of every reasonable intendment of the pleading, which is to be liberally construed ( see, Becker v. Elm Air Conditioning Corp., 143 A.D.2d 965). If there is any doubt as to the availability of a defense, it should not be dismissed ( see, Becker v. Elm Air Conditioning Corp., supra; Duboff v. Board of Higher Educ., 34 A.D.2d 824). Affording the defendant every reasonable intendment of the pleading, the dismissal of the first, third, sixth, seventh, eighth, ninth, twelfth, and thirteenth affirmative defenses was proper, as such defenses are without merit.
The defendant's remaining contentions are without merit.
O'Brien, J. P., Thompson, Sullivan and Friedmann, JJ., concur.