Opinion
June, 1934.
Order granting motion for leave to serve an amended answer reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion, the respondent was guilty of gross laches in making this motion, and its granting was, therefore, an abuse of discretion. ( Luback v. Hirsch, 232 App. Div. 691.) Young, Tompkins and Davis, JJ., concur; Lazansky, P.J., and Kapper, J., dissent.