Mitchell v. Ann Lewis Shops, Inc.

Order affirmed, without costs of this appeal to any party. All concur except Kimball and Bastow, JJ., who dissent and vote for reversal and denial of the motion in the following memorandum: The granting of the order to amend the answer under the facts and circumstances here presented was, in our opinion, an improvident exercise of discretion. Failure to deny an allegation is as much an admission as an admission specifically stated. The defendant permitted three years to elapse before making the motion to amend. Even if laches may be overlooked, it was still essential that the defendant show…