Ordered that the order is modified, on the law and as a matter of discretion, by (1) deleting the provision thereof denying the defendant's motion for leave to amend its answer to assert the affirmative defense of lack of capacity to sue and substituting therefor a provision granting that motion, and (2) deleting the provision thereof denying that branch of the defendant's separate motion which was for summary judgment dismissing so much of the complaint as sought to recover...
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