Order modified by inserting, after the word "entirety" in the first ordering paragraph, the words "with leave to defendant to replead the second affirmative defense". As so modified, order affirmed, without costs. The amended answer is to be served, if appellant be so advised, within 10 days after the entry of the order hereon.
In our opinion, appellant should be given an opportunity, if it so desires, to interpose a defense that the contract pleaded in the complaint...
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