
    Benjamin W. Cohen et al., Suing on Their Own Behalf and on Behalf of All Other Stockholders of Fisk Rubber Corporation Similarly Situated, Respondents. v. Charles A. Dana et al., Defendants, and Karl H. Behr et al., Appellants.
   — In a stockholders’ action, order denying appellants’ motion for leave to amend their answers to add an affirmative defense thereto, reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs. It not appearing that the defense was palpably insufficient, its validity should not have been determined on a motion to serve an amended pleading. (Newman v. Goldberg, 250 App. Div. 431; Coron v. Lineks, 259 App. Div. 924; Gillette v. Allen, 269 App. Div. 441, 449.) Lewis, P. J., Carswell, Nolan, Sneed and Wenzel, JJ., concur.  