Respondent's first affirmative defense of failure to state a claim is not subject to a motion to dismiss, as this defense remains open to respondent throughout the action, until petitioners prevail through summary judgment or trial.

) For the reasons explained below the court grants petitioners' motion to dismiss respondent's remaining defenses only as to its eighth defense and remaining counterclaims only as to the first and fourth counterclaims, to the extent delineated below, and otherwise denies petitioners' motion. ) Petitioners also have moved to dismiss respondent tenant's five remaining affirmative defenses (CPLR 3211 ), and three remaining counterclaims for failure to state a claim (CPLR 3211 ), or as impermissible in this proceeding. The fact that Shaykh ʿUmar bin Fāḍil thinks it necessary to add the word “soil” or “ground” to his interpretation of the meaning of the place-name seems to me to be a mark of the reality of the connection.In this nonpayment proceeding to recover possession of leased commercial premises, petitioner landlords have moved for summary judgment on respondent's liability for the rent and additional rent claimed in the petition, but leaving determination of the amounts for trial. We take this to be one of the small hints, remarked upon in several places in his works by G.S.P. Freeman-Grenville, as to the persistence of traditions from the earliest times down to the present day. To this day, the High Plateau of the Hadramawt is named the Jol. On the assumption that the jīm would be pronounced as anything between hard ( g) and soft ( j), it is easy to see that gwl could become jul or chul, with the African open syllable added at the end to make it juli or chole.

In inscriptions found in the Yaman and written in what is known as the Musnad script there is a word with the root g-w-l, which means “land” or “ground”. This means that the traders and the crews of the ships that plied between that centre and the East African coast would be speakers of Sabean, or Ancient South Arabian. One of the pieces of information it provides is that trade between the Middle East and the East African coast was in the hands of the “tribe which was first in Arabia”, and it connects the trade with a centre in the Yaman which it names Mouza, and is almost certain to be Mawzaʿa near Mucha. gives in remarkable detail the features of the East African coast. The Periplous of the Erythrian Sea from the first century A.D.

5 katsh