Opinion
February 23, 1961
Appeal from the Monroe County Court.
Present — Bastow, J.P., Goldman, Halpern, McClusky and Henry, JJ.
Order unanimously reversed, without costs of this appeal to either party, and motion granted, without costs. Memorandum. The denial of the motion to serve an amended answer was an improvident exercise of discretion. We do not pass upon the merits of the proposed amendment.