Opinion
March 12, 1941.
Motion for stay of trial denied, with ten dollars costs. Bliss, Heffernan, Schenck and Foster, JJ., concur; Hill, P.J., dissents upon the ground that the proof given by a woman named Bennett was not within the issues presented at the time the complaint was prepared. The testimony in the examination before trial was loose and unbelievable. An amendment to the complaint was required before the issue raised by her testimony was properly presented. ( Weis v. Weis, 123 App. Div. 409.)