BAST HATFIELD, INC. v. SCHALMONT CENTRAL SCHOOL DISTRICT


37 A.D.3d 987 (2007)

830 N.Y.S.2d 799

BAST HATFIELD, INC., Respondent, v. SCHALMONT CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided February 22, 2007.


Rose, J.

Plaintiff commenced this action seeking to recover payment for work it performed under a construction contract with defendant. When plaintiff moved for leave to serve a second amended complaint, defendant cross-moved for leave to serve an amended answer, adding two counterclaims. Supreme Court granted leave as to only one counterclaim because it found that the other, which sought indemnification for delay damages...

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