Opinion
January 16, 1950.
In an action for separation, order directing defendant to accept service of an amended complaint reversed, without costs, and motion denied, without costs. The paper which defendant has been directed to accept by the provisions of the order appealed from is materially different from the amended complaint which plaintiff proposed in her motions for leave to amend her complaint. The order which permitted the amendment allowed the service of an amended complaint as proposed and not as was actually served by plaintiff. (See Mann v. Press Pub. Co., 135 App. Div. 361, 364; Tisdale v. Moore, 146 App. Div. 561.) Nolan, P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.