Majority
p. 688Ajax Electric Motor Corp., Respondent, v. Heat and Power Co., Inc., Appellant.
Order reversed as a matter of discretion, with $10 costs and disbursements, and motion granted, with $10 costs, upon the ground that the denial of the motion was an improvident exercise of discretion. All concur. (Appeal from an order denying defendant’s motion for permission to serve an amended answer, in an action for rescission of contract.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.