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PERVALE CONTRACTING, INC. v. 32-36 W. 18TH ST. CORP.

237 A.D.2d 229 (1997)

655 N.Y.S.2d 941

Pervale Contracting, Inc., Respondent, v. 32-36 West 18th Street Corp. et al., Appellants, and Cornelius Fitzgerald and Co., Inc., et al., Respondents

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

March 27, 1997

The motion court correctly determined that plaintiff had presented a prima facie case and that defendant's speculative claim of "possible" double billings failed to raise an issue of fact. The motion to amend was properly denied for failure to show the merit of the proposed counterclaims, since there was no attempt to explain how the change orders relating to the second proposed counterclaim were duplicative and the other proposed...

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