Appeal from an order of the Supreme Court at Special Term, entered December 3, 1976 in Albany County, which granted a motion to strike defendants’ first affirmative defense. Order affirmed, with costs, upon the opinion of Mr. Justice Pennock at Special Term (see Carr v Allied Aviation Serv. Corp., 40 AD2d 608; Matter of Hurd v County of Allegany, 39 AD2d 499). Koreman, P. J., Greenblott, Kane, Larkin and Herlihy, JJ., concur.