Briggs v. New York State Thruway Authority

The defendant moves for an order permitting the service and filing of a counterclaim. The proposed pleading, unverified, is part of the moving papers. The claimants oppose.

In this court, a defendant is not required to serve an answer to the claim, all allegations of the latter being treated as denied (Rules of Court of Claims, rule 13).

*111A motion such as this, for permission to interpose a counterclaim, is governed, in effect, by the law relating to permission to amend a pleading.

Usually on such motion the court would not examine into and determine the legal sufficiency of a proposed pleading.…