Mirabella v. Banco Industrial de la Republica Argentina

Order entered October 23, 1969 unanimously modified, on the law and the facts, and in the exercise of discretion, to provide that the leave granted to defendant *631to serve the amended answer be granted upon condition of the payment of $1,000. to plaintiff to cover his costs and reasonable attorneys’ fees in connection with the litigation of issues arising under the added defense brought into the action at this late date; and order otherwise affirmed, with $50 costs and disbursements to plaintiff-appellant. This action was commenced in 1961 and was followed by a number of motions and appeals,…