Bailey v. Gantter

Appeal from an order of the Supreme Court, Onondaga County (Thomas J. Murphy, J.), entered April 1, 2003 in an action to recover damages for personal injuries. The order denied defendant’s motion seeking leave to amend the answer and seeking summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting that part of defendant’s motion seeking leave to amend the answer and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for…