Metro Foundation Contractors, Inc. v. Marco Martelli Associates, Inc.

Orders, Supreme Court, New York County (Anil C. Singh, J.), entered May 11, 2015, which, to the extent appealed from, granted defendant’s motion for leave to amend its answer and for summary judgment dismissing the complaint, and denied plaintiff’s motion for partial summary judgment on its second, third, and fourth causes of action, unanimously affirmed, with costs.

The court properly granted defendant leave to amend its answer to assert the defenses of collateral estoppel and res judicata since plaintiff failed to show that it was prejudiced by the amendment of the answer to assert legal…