Leslie v. Hymes

Order of the Supreme Court, Bronx County, entered May 11, 1977, which denied defendant’s motion to amend his answer, is unanimously reversed, on the law and in the exercise of discretion, and the motion is granted, without costs and without disbursements. In this action for alleged malpractice and fraudulent breach of contract stemming from a surgical procedure performed on plaintiff Jerry Leslie in July, 1969, defendant alleging "inadvertence and oversight” moved in December, 1976 to amend his answer to affirmatively plead the Statute of Limitations. The motion was denied by order of January…