Order modified, by (1) deleting therefrom the sixth decretal paragraph and substituting therefor the following: "Ordered, that the motion of the defendant Carmine Spatola for leave to serve an amended answer is granted to the extent of permitting assertion of affirmative defenses only." and (2) by deleting therefrom the eighth decretal paragraph thereof and substituting therefor the following: "Ordered that the branch of the plaintiff's cross motion, dated September 30, 1983...
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