Judgment reversed, on the law and in the interest of justice, and new trial granted, with costs to abide the event.
The answers of both defendants are deemed amended so as to assert, as a separate affirmative defense, that Eliza Gagliardi had executed a deed to the property in question in her capacity as executrix of the estate of Vincenzo Gagliardi. Appellant, if she be so advised, may conduct disclosure proceedings with respect to such affirmative defense; such...
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