ROTONELLI v. OGDEN


36 A.D.2d 540 (1971)

Joseph Rotonelli et al., Respondents, v. George Ogden et al., Appellants

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

January 25, 1971


Order reversed, without costs, and motion granted.

Defendants may, if so advised, serve an amended answer within 20 days after entry of the order hereon. Defendants' motion for leave to reargue or renew their 1967 motion to amend their answer is in effect a motion for a rehearing on additional papers (see Gold v. Travelers Ins. Co., 263 App. Div. 817, 818). It is undisputed that this action, which had been granted a preference in 1967, has not yet been tried...

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