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LEX TENANTS CORP. v. GRAMERCY NORTH ASSOCIATES

269 A.D.2d 297 (2000)

704 N.Y.S.2d 459

LEX TENANTS CORP., Respondent, v. GRAMERCY NORTH ASSOCIATES et al., Appellants. (And a Third-Party Action.)

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

Decided February 24, 2000.

The motion court erred in denying so much of defendants' motion to amend as sought to add to their answer a counterclaim seeking a refund of subsidies paid to plaintiff pursuant to the terms of an offering plan because the proposed amendment was not plainly without merit (see, Crimmins Contr. Co. v City of New York, 74 N.Y.2d 166, 170). The motion court, however, properly denied the motion to amend insofar as it sought to add to...

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