Order reversed on the law, with $10 costs and disbursements, and motion denied, with $10 costs.
It was an improvident exercise of discretion to permit the amendment of the answer. Permitting the amendment after the expiration of the time limited for the commencement of an action by the compensation carrier upon the cause assigned by the Workmen's Compensation Law, was prejudicial to the substantial rights of the plaintiff. (Jennings v. Perkins, 277 App. Div...
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