Opinion
December 22, 1944.
Present — Martin, P.J., Townley, Glennon, Cohn and Callahan, JJ.;
On a motion for leave to serve an amended complaint the sufficiency of the proposed pleading will not ordinarily be inquired into. ( Holgan Bros., Inc., v. Beekman Hospital, 267 App. Div. 815, 816.) It cannot be said on the present record that plaintiff was guilty of laches as a matter of law. Order reversed, with twenty dollars costs and disbursements, and the motion granted.
Glennon and Cohn, JJ., dissent and vote to affirm. Settle order on notice.