Monick v. City of New York 49 A.D.2d 768

Order of the Supreme Court, Kings County, dated January 3, 1975, affirmed, without costs. Under all of the circumstances in the record we cannot say that Special Term abused its discretion in granting respondent’s motion for leave to serve an amended answer to plaintiffs complaint setting up the fellow-servant rule as a defense. Hopkins, Acting P. J., Latham, Margett, Brennan and Shapiro, JJ., concur.