Unanimously affirmed, with $60 costs and disbursements of this appeal to respondent.
It is undisputed on this record that defendants improperly served their amended answer without requisite leave of court as required by CPLR 3025 (subd [b]). This purported amended pleading, served November 18, 1975, some three months after service of the original answer, alleged as a second affirmative defense in mitigation of damages, that plaintiff was not wearing seat belts at...
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