Ciunci v. Wella Corp.

Order entered March 15, 1965 denying defendant’s motion for leave to serve an amended answer to plead an affirmative defense *755of release, unanimously reversed, on (he laAV, on the facts and in the exercise of discretion, with $30 costs and disbursements to plaintiff-respondent, and the motion granted on condition defendant pays to plaintiff a counsel fee of $100 within 10 days after service of a copy of the order entered herein. Under CPLR 3025 leave to amend should be freely granted on such terms as may be just. Leave was denied here because the case was about to go to trial and, in the…