Schwartz v. Sar Corp.

In an action to recover damages for personal injuries alleged to have been caused by the negligent operation of a motor vehicle, the appeal is from an order (1) granting respondent’s motion for summary judgment striking out the answer (Rules Civ. Prae., rule 113), and (2) denying appellants’ motion for permission to serve an amended answer. Order reversed, with $10 costs and disbursements, respondent’s motion for summary judgment denied, and appellants’ motion for permission to serve an amended answer granted. The amended answer is to be served, if appellants be so advised, within 10 days…