Judgment, insofar as it dismissed the action as against defendant City of Buffalo, unanimously reversed, on the law and facts and insofar as it granted judgment against defendant Stachowiak, unanimously vacated in the interest of justice, with costs against the City of Buffalo, and a new trial granted against said defendants.
Memorandum:
The court erred in denying plaintiffs' motion, made at the close of their case, to amend the pleadings to conform to the...
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