Order granting partial summary judgment modified by striking therefrom everything following the words "hereby is" in the second ordering paragraph, and by substituting therefor the word "denied". As so modified, order insofar as appealed from unanimously affirmed, with $10 costs and disbursements to appellant, and judgment vacated. Order denying appellant's cross motion for leave to serve an amended answer reversed, without costs, and motion granted.
The amended answer...
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