Order, entered on January 10, 1961, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion for leave to serve an amended answer to allege the affirmative defense of res judicata denied, with $10 costs.
The delay in making the application until more than two years after the facts arose upon which the proposed defense is based, and the indicated prejudice to plaintiff-appellant...
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