DePinto v. O'Donnell Transportation Co.

No opinion. (Dore, J., dissents and votes to modify the judgment by reducing the sura recovered to the amount of the limited liability of defendant-appellant, $8,625, with interest and costs.) Order, so far as appealed from, modified by denying the motion of defendant O’Donnell Transportation Co.,, Inc., to amend its answer so as to plead limitation of liability in accordance with the pleadings annexed to the notice of November 28, 1942 [180 Misc. 649], and as so modified affirmed. (Cohn and Callahan, JJ., concur upon the ground that the motion to amend was required to be made within. six…