Poltl v. Caracciolo 205 A.D. 894

Judgment reversed on the law and in the exercise of our discretion, and a new trial granted, costs to abide the event. We are of opinion that the amendment to the answer, sought by the defense, should have been allowed. (See Rules Civ. Prac., rule 166.) Kelly, P. J., Rich, Jaycox, Manning and Kapper, JJ., concur.