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AMERADA HESS CORPORATION, Appellant, v. TOWN OF SOUTHOLD et al., Respondents.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were to dismiss the second through seventh affirmative defenses are granted.

Upon a motion to dismiss a defense, the defendant is entitled to the benefit of every reasonable intendment of its pleading, which is to be liberally construed. If there is any doubt as to the availability of a defense, it should not be dismissed ( see Warwick v Cruz, 270 AD2d 255; Abney v Lunsford, 254 AD2d 318). Applying these standards, the second through seventh affirmative defenses, alleging, inter alia, that the action was barred by estoppel, laches, the statute of limitations, and the plaintiffs failure to exhaust administrative remedies should nonetheless have been dismissed, as they are unavailable to defeat the plaintiffs causes of action ( see Matter of Friends of Lake Mahopac v Zoning Bd. of Appeals of Town of Carmel, 15 AD3d 401; Skrodelis v Norbergs, 272 AD2d 316; Amerada Hess Corp. v Acampora, 109 AD2d 719).

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AMERADA HESS CORP. v. TOWN OF SOUTHOLD
(Apr 3, 2007)