Winters Bros. Recycling Corp. v. H.B. Millwork, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Pastoressa, J.), dated February 17, 2009, which denied its motion to stay the action pursuant to CPLR 2201 pending the determination of a subsequently-commenced federal antitrust action, and for leave to amend its answer pursuant to CPLR 3025 (b) to assert an affirmative defense that the subject contract violated federal antitrust laws.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying that branch of the…
2Cases cited12 opinions
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- El Greco Inc. v. CohnAppellate Division of the Supreme Court of the State of New York · 1988
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