Order reversed on the law and facts, with $10 costs and disbursements, and motion granted, with $10 costs.
Memorandum:
In the absence of any showing of prejudice to the defendant we feel that the court erred in denying plaintiff's motion to amend the complaint to set up a third cause of action based upon fraud. The motion made following a mistrial was returnable before the same judge who presided at that trial. Since the court was familiar with the facts and...
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