Ordered that the order is reversed insofar as appealed from, with costs, and the cross motion is denied.
Nearly two years after being brought in as a third-party defendant in this action to recover damages for personal injuries, etc., the Bank moved on the first day of trial to amend its answer to include the affirmative defense of release. The trial court declared a mistrial and directed the Bank to make its motion in writing, which the Bank did. The motion was granted...
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