Levine v. Cohen 279 A.D. 1091

That part of the order which denied the amendment sought should have been granted. However, in view of said plaintiffs’ failure to offer any proof on the trial, at which they chose to rely wholly on the pleadings, and the consequent disposition of the case, this question is now academic. Present — Johnston, Acting P. J., Adel, Wenzel, MaeCrate and Schmidt, JJ.