Kettner v. Carson

Order, Supreme Court, New York County, entered October 17, 1973, denying plaintiff’s motion to amend and denying defendant’s motion for partial summary judgment unanimously modified, on *805the law and in the exercise of discretion, by granting the motion to amend. The order is otherwise affirmed, without costs and without disbursements. The complaint states a cause of action for money loaned. On an examination before trial defendant admitted receipt of the funds but claimed that the payments constituted a gift. She further testified that the parties had had a close personal relationship and…