The order dated February 2, 1959 is modified, on the law, on the facts, and in the exercise of discretion, to the extent of granting leave to appellant to serve the amended answer as set forth in his cross motion within 20 days after the entry of the order herein, and otherwise affirmed, without costs.
The defenses sought to be interposed by way of amended answer were before the court in the form of an exhibit. The affidavit of the attorney was sufficient in this...
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