Ordered that the order is affirmed, with costs.
The defendants, in their answer, failed to deny paragraph 5 of the complaint which alleged that the defendants' false testimony before the Nassau County Grand Jury resulted in the plaintiff's being indicted for grand larceny in the second degree. That allegation was, therefore, deemed admitted. The defendants subsequently moved for leave to serve an amended answer setting forth a denial of paragraph 5 insofar as it alleged...
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