Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
We agree with the appellant's contention that allowing it to amend its answer would result in no prejudice to the plaintiff. However, the court's denial of the appellant's motion, while permitting it to make the same application to the Trial Judge, was not an improvident exercise of discretion in light of the appellant's failure to include a proposed amended answer with its...
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