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Defense put 22 NYCRR 130.1 as very last affirmative defense. If I wait to address this defense if its included in a future defense initiated summary judgement motion instead of making a motion to strike or dismiss that affirmative defense now, will my case get squashed prior to defense moving for summary judgement? Does defense have to include 22NYCRR 130.1 in summ judgement motion to hold me liable or is the assertion of that defense in their answer enough to hold me liable if I don't CPLR 3211 or motion to strike it?