So much of the order entered February 17, 1966, as herein appealed from, unanimously modified, on the law and in the exercise of discretion, to modify the second or final ordering paragraph to provide that the dismissal of the second, third and fourth affirmative defenses and the first and second counterclaims and setoffs be dismissed without prejudice to an application at Special Term upon proper papers for leave to replead and amend said defenses and counterclaims to set...
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