Armstrong v. Watson , 228 A.D. 644 ( 1929 )

Order denying defendant’s motion for leave to serve an amended answer reversed upon the law, with ten dollars costs and disbursements, and motion granted, without costs. Though the allegations are none too satisfactory, giving the pleading a liberal interpretation and the benefit of every doubt, under it evidence may be adduced of a situation which would warrant a holding that there was a duty to speak. Young, Kapper, Hagarty, Seeger and Carswell, JJ., concur.