Rocell Construction Co. v. City of Rochester , 211 N.Y.S.2d 437 ( 1961 )

Order unanimously reversed, without costs of this appeal to either party, and motion granted, without costs. Memorandum. The denial of the motion to serve an amended answer was an improvident exercise of discretion. We do not pass upon the merits of the proposed amendment. (Appeal from order of Monroe County Court denying defendant’s motion for permission to serve an amended answer to the amended complaint.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.