Amherst Bowling Center, Inc. v. Dolce

Order unanimously reversed, with $25 costs and disbursements and motion granted, with $10 costs. Memorandum: There was no undue delay in the making of defendant’s motion to amend his answer to set up the affirmative defense of fraud. The principal grounds of opposition to the granting of the motion were the contentions that the proposed affirmative defense was insufficient in law as a plea of fraud and that plaintiff would be prejudiced by service of the amended answer for it would be unable to move against the amended answer for summary judgment, as it asserts it might have against the…