Opinion
June, 1928.
Order denying plaintiff's motion to strike out the amended answer reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Everything set out in the amended answer may be proven under the denials contained in the original answer. Therefore, the amended answer contains no new issue founded upon new matter. Lazansky, P.J., Young, Hagarty, Carswell and Scudder, JJ., concur.