Dickins v. City of New York , 228 A.D. 853 ( 1930 )

Order granting leave to amend answer by interposing Statute of Limitations, reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, upon the ground of laches in moving to amend. We do not decide the question whether under chapter 572 of the Laws of 1886 the action may be maintained. Rich, Kapper and Seudder, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote to affirm.