Order insofar as appealed from reversed, without costs, and motion granted, without costs.
In view of the operation of the rifle which is shown to have been inspected by defendant's experts and the fact that the attorney who prepared the amended complaint and was present at that inspection has died, in the absence of prejudice to the defendant, which can further examine the plaintiff before trial, discretion was improperly exercised insofar as the motion was denied...
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