Ordered that the order is modified, on the law, by deleting the provision thereof which granted the branch of the defendant's cross motion which was for leave to amend its answer and substituting therefor a provision denying that branch of the defendant's cross motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff.
The defendant waited until the eve of trial to move for leave to amend its answer to assert a new defense...
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