| N.Y. App. Div. | May 17, 1948
— In a stockholders’ action, order denying appellants’ motion for leave to amend their answers to add an affirmative defense thereto, reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs. It not appearing that the defense was palpably insufficient, its validity should not have been determined on a motion to serve an amended pleading. (Newman v. Goldberg, 250 A.D. 431" date_filed="1937-03-19" court="N.Y. App. Div." case_name="Newman v. Goldberg">250 App. Div. 431; Coron v. Lineks, 259 A.D. 924" date_filed="1940-05-27" court="N.Y. App. Div." case_name="Birkmier v. Uneeda Jamaica, Inc.">259 App. Div. 924; Gillette v. Allen, 269 A.D. 441" date_filed="1945-06-27" court="N.Y. App. Div." case_name="Gillette v. Allen">269 App. Div. 441, 449.) Lewis, P. J., Carswell, Nolan, Sneed and Wenzel, JJ., concur.