Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the motion of the defendant Industrial Recycling Properties, Inc., which were for leave to amend its pleadings to assert counterclaims alleging breach of contract and malicious prosecution, and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellant.
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