Opinion
October 15, 1951.
Order denying plaintiffs' motion to amend their summons and complaint by striking out the words "as Executors and Trustees under the Last Will and Testament of Julius Cohen, deceased" reversed on the law, with $10 costs and disbursements, and motion granted, without costs. In our opinion the denial of the motion was an improvident exercise of discretion. ( Boyd v. United States Mtge. Trust Co., 187 N.Y. 262, 266, 270; Yeager v. Co-operative Fire Underwriters Assn. of N.Y. State, No. 2, 243 App. Div. 743; McKenzie v. Lavine, 249 App. Div. 755; Civ. Prac. Act, § 105.) Carswell, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.