Greenberg v. Bar Steel Construction Corp.

Order entered November 28, 1966, herein appealed from, unanimously reversed, on the law and in the exercise of discretion, with $30 costs and disbursements to appellants, and the motion to amend the answer is denied. This action was commenced on or about September 9, .1965 and issue joined November 12, 1965, by service of an answer with counterclaim. Thereafter, defendant served an amended answer also containing counterclaims. On November 9, 1966, it wTas directed that the matter proceed to trial on November 28, 1966. Subsequently and practically on the eve of trial defendant moved to serve a…