L. B. FOSTER CO. v. TERRY CONTRACTING, INC.


25 A.D.2d 721 (1966)

L. B. Foster Company, Plaintiff, v. Terry Contracting, Inc., et al., Respondents, and Tufano Contracting Corporation et al., Appellants

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

April 5, 1966


Orders entered December 7 and December 27, 1965 granting the moving defendants' motion for leave to serve an answer containing a counterclaim to the cross answer and counterclaim of the defendant Tufano Contracting Corp., unanimously reversed on the law, the facts, and in the exercise of discretion, and the motion denied, with $30 costs and disbursements to the appellants.

Three years have gone by since the joinder of issue, and this is the first time the moving defendants...

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