Tripp v. Joseph H. Meyer Bros.

A judge presiding at a trial has the same power under section 105 of the Civil Practice Act and rule 166 of the Rules of Civil Practice, in a case where no prejudice may result to the opposing party, to grant amendments to pleadings, as a judge at Special Term. (Copeland v. Hugo, 212 App. Div. 229; Feizi v. Second Russian Ins. Co., 199 id. 775.)

In the exercise of such power, the justice presiding at the trial had allowed plaintiff herein, after dismissal of the original complaint, to amend the complaint, and defendant to amend its answer by interposing two affirmative defenses which were…