General
Bernard McCabe, Plaintiff v. Queensboro Farm Products, Inc., et al., Defendants; Sam Gelfand, Individually, and Doing Business under the Name of Eagle Roofing & Sheet Metal Works, Third-Party Plaintiff-Respondent, v. Banner Roofing Co., Inc., Third-Party Defendant-Appellant
27 A.D.2d 936·New York Supreme Court, Appellate Division·1967·NY
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Opinion
Bernard McCabe, Plaintiff v. Queensboro Farm Products, Inc., et al., Defendants. Sam Gelfand, Individually, and Doing Business under the Name of Eagle Roofing & Sheet Metal Works, Third-Party Plaintiff-Respondent, v. Banner Roofing Co., Inc., Third-Party Defendant-Appellant.
[MAJORITY]
Order of the Supreme Court, Kings County, dated November 23, 1966, reversed without costs, and motion granted. The time to amend the appellant’s answer is extended until 20 days after entry of the order hereon. Leave to amend should be freely given (CPLR 3025, subd. [b]); Inter-Provincial Commercial Discount Corp. v. Plastic Processes, 25 A D 2d 781). We pass on no other question. Beldoek, P. J., TJghetta, Christ, Brennan and Hopkins, JJ., concur.