Majority
p. 895Fannie Messer, Appellant, v. Charles Burstein and Others, Respondents, Impleaded with Another.
Headnote
Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 17th day of November, 1914, permitting certain of the defendants to interpose an amended answer.The order appealed from should be modified by imposing as a condition for allowing the defendants to serve an amended answer that said defendants pay full costs of the action up to the time of the service of the amended answer, the case to remain upon the calendar and to be tried when reached as if the amendment had not been allowed. As so modified, order affirmed, without costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order modified as directed in opinion, and as modified affirmed, without costs. Order to be settled on notice.