Dowling v. Sterling Drug, Inc.

McGivern, J. (dissenting).

In my view, Special Term, in its discretion, most properly denied this defendant leave to serve an amended answer, and its disposition should not be upset.

The motion under review was made four years after the service of the com*608plaint, and there is no acceptable excuse for the delay. For four years the plaintiff has been confronted with the only defense set up in the answer filed in June of 1964, a one-year statute for negligence, although the complaint is one in warranty. The effect of the majority view is to foreclose the plaintiff from other avenues of relief,…