Nathan v. Long Island Lighting Co.

In an action to recover damages for personal injuries and for medical expenses and loss of services, the appeal is from an order granting respondent’s motion for leave to serve an amended answer so as to withdraw an admission that respondent created a sidewalk opening in a parking area, which caused appellant Aileen Nathan to fall. Order reversed, with $10 costs and disbursements, and motion denied. It was an improvident exereise of discretion, resulting in prejudice to appellants, to *677permit the amendment, in March, 1956, of the original answer, served in May, 1953, so as to withdraw the…