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CASTILLO v. HENRY SCHEIN, INC.

259 A.D.2d 651 (1999)

686 N.Y.S.2d 818

MANUEL CASTILLO et al., Appellants, v. HENRY SCHEIN, INC., et al., Respondents.

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

Decided March 22, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for leave to amend their answer to assert a counterclaim for conversion (see generally, Edenwald Contr. Co. v City of New York, 60 N.Y.2d 957; CPLR 3025). Contrary to the plaintiffs' contention, the defendants made the requisite "evidentiary showing that the claim can be supported", based on excerpts of the deposition...

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