Order insofar as appealed from reversed, with $10 costs and disbursements and motion granted, with $10 costs, to the extent of permitting defendant to further amend his answer by interposing the counterclaim set forth in the proposed second amended answer verified October 23, 1956.
Memorandum:
Upon the record before us, it appears that, in the exercise of sound discretion, the Special Term Justice should have permitted the interposition of the counterclaim...
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