It appears that the taxable costs to date, imposed by the terms of the order upon plaintiff, amount to $421.18. We think this amount is excessive as a condition precedent for leave to amend the complaint. We agree with the Special Term that the proposed amendment does not set up a new cause of action, and hence it was proper to deny defendant's cross motion for leave to amend its answer so as to interpose the Statute of Limitations as a defense and for judgment dismissing...
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