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MITCHELL v. ANN LEWIS SHOPS, INC.

4 A.D.2d 849 (1957)

Louise Mitchell, as Guardian ad Litem of Lorraine Mitchell, an Infant, et al., Appellants, v. Ann Lewis Shops, Inc., Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 18, 1957

Order affirmed, without costs of this appeal to any party.

All concur except KIMBALL and BASTOW, JJ., who dissent and vote for reversal and denial of the motion in the following memorandum:

The granting of the order to amend the answer under the facts and circumstances here presented was, in our opinion, an improvident exercise of discretion. Failure to deny an allegation is as much an admission as an admission specifically stated. The defendant permitted...

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