Opinion
May 12, 1959
Order unanimously affirmed, with $20 costs and disbursements to respondents. Special Term, in granting leave to replead, placed no restrictions upon the permission granted, nor do we. Plaintiff is free to plead performance if it so desires, or to avail itself in its pleading of any excuses it might have for nonperformance if such be the fact.
Concur — Botein, P.J., Breitel, M.M. Frank, McNally and Stevens, JJ.