Opinion
June 1, 1976
Order of the Supreme Court, Queens County, entered October 16, 1975, affirmed, with $50 costs and disbursements. The proposed amendment to the complaint adds no new facts, but merely replaces the theory of the second cause of action with an alternative theory (cf. Rife v Union Coll., 30 A.D.2d 504). Gulotta, P.J., Hopkins, Martuscello, Latham and Shapiro, JJ., concur.