We deem it unnecessary to pass upon the contentions of the respective parties as to whether section 903 of the City Charter was violated by the petitioner on January 29, 1951. The court properly exercised its discretion in granting respondents' application to reopen and serve an amended answer. It clearly appears therefrom that on February 8, 1951, the petitioner refused to waive immunity in the actual presence of the Grand Jury. Thereupon, in any event, his employment by...
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