In an action in replevin, defendants appeal from an order of the Supreme Court, Nassau County, entered December 1, 1970, which (1) denied defendants' motion to vacate plaintiff's statement of readiness and to reopen the examination before trial of plaintiff and (2) denied defendants' motion for leave to serve an amended answer, but without prejudice to a further application for such relief supported by a copy of the proposed amended answer. Order modified by striking therefrom the provisions which denied the motion to reopen the examination before trial of plaintiff and by substituting a decretal provision granting such relief with respect to the new issues raised by the amended complaint. As so modified, order affirmed, without costs. The reopened examination of plaintiff shall proceed at 10:00 A.M. at Special Term, Part II, Supreme Court, Nassau County, upon a day specified in a written notice of not less than 10 days, to be given by defendants, or at such other time and place as the parties mutually agree. The trial should proceed within one week after the conclusion of the examination. In our opinion, the denial of the motion to reopen the examination before trial with respect to the new issues raised by the amended complaint was an improvident exercise of discretion. Rabin, P.J.. Munder, Martuscello, Shapiro and Gulotta, JJ., concur.