Ordered that the order is affirmed, with costs.
We reject the plaintiffs' contention that the Supreme Court erred in granting the defendant leave to serve an amended answer asserting a second counterclaim (see, CPLR 3025), and in awarding partial summary judgment to the defendant based upon that counterclaim. In view of the evidentiary proof submitted by the parties and the circumstances of this case, consideration of the summary judgment motion was appropriate...
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