Order entered October 23, 1969 unanimously modified, on the law and the facts, and in the exercise of discretion, to provide that the leave granted to defendant to serve the amended answer be granted upon condition of the payment of $1,000 to plaintiff to cover his costs and reasonable attorneys' fees in connection with the litigation of issues arising under the added defense brought into the action at this late date; and order otherwise affirmed, with $50 costs and disbursements...
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