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ARTHUR PILE & FOUND. CORP. v. BONWIT CONSTR. CO., INC.

23 A.D.2d 540 (1965)

Arthur Pile & Foundation Corp., Respondent, v. Bonwit Construction Co., Inc., Appellant, et al., Defendants. Bonwit Construction Co., Inc., Plaintiff, v. Arthur Pile & Foundation Corp. et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 2, 1965

Order, entered on December 2, 1964, denying the motion of defendant Bonwit Construction Co., Inc., for leave to amend its counterclaim by increasing the ad damnum clause from $103,633.66 to $189,784.93, unanimously modified, on the law and on the facts and in the exercise of discretion by granting defendant's motion to increase the ad damnum clause in its counterclaim on condition that the said defendant Bonwit Construction Co., Inc., pay a full bill of costs...

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