Order unanimously reversed, without costs, and case remitted to the Calendar Justice of Supreme Court, Monroe County, for disposition in accordance with the following Memorandum: On October 1, 1969, the opening day of trial, the court granted a motion by plaintiff for leave to serve an amended complaint setting forth an additional cause of action. Satisfied that additional time was required for the preparation of a defense to this claim, on the following day the court granted...
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