Defendant should have been permitted to amend its answer to include an additional counterclaim for the recovery of monies allegedly paid in error to plaintiff pursuant to a change order that defendant claims, and has claimed for some time, was erroneously issued by plaintiff for work that was included in the original contract specifications. Leave to amend pleadings is generally freely granted (Murray v City of New York,
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PROTE CONTRACTING CO., INC. v. BD. OF EDUC. OF THE CITY OF NEW YORK
249 A.D.2d 178 (1998)
672 N.Y.S.2d 109
Prote Contracting Co., Inc., Respondent, v. Board of Education of the City of New York (Livingston High School), Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
April 28, 1998
April 28, 1998
Appellate Division of the Supreme Court of the State of New York, First Department.
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