Lanzatella v. Tumia

Order reversed on the law and facts, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: In the absence of any showing of prejudice to the defendant we feel that the court erred in denying plaintiff’s motion to amend the complaint to set up a third cause of action based upon fraud. The motion made following a mistrial was returnable before the same judge who presided at that trial. Since the court was familiar with the facts and the reasons which prompted the making of the motion, we conclude that the denial was an improvident exercise of discretion. All concur,…