New York County Courts November 14, 1975 (Decker v. Cady)

Arnold W. Proskin, J.

The plaintiff has moved this court, at Special Term, for an order pursuant to CPLR 3211 (subd. [b]) striking defendant’s affirmative defense, wherein it is alleged that payment of costs, as a result of a judgment in a prior action between the same parties herein, is a prerequisite to a commencement of this action.