Opinion
December 12, 1949.
In an action under section 29 Work. Comp. of the Workmen's Compensation Law to recover damages for injuries alleged to have been occasioned by the negligence or wrong of another not in the same employ as plaintiff, order denying defendants' motion, made more than two years after the cause of action accrued, to permit defendants to serve an amended answer, withdrawing or omitting certain admissions made in and by the answer, affirmed, with $10 costs and disbursements. (See Luback v. Hirsch, 232 App. Div. 691, and cases there cited; Eisenberg v. Louis Adler Realty Co., 299 N.Y. 572.) We express no opinion upon the effect of the admissions so sought to be withdrawn. Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.