Peach Parking Corp. v. 346 West 40th Street, LLC

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered October 12, 2007, which granted plaintiffs motion to amend the complaint, granted defendant Hertz Corporation’s motion to interpose a counterclaim and affirmative defense, and denied defendant Kinney System’s motion for costs and fees, unanimously affirmed, without costs.

In this commercial landlord-tenant declaratory judgment action, the court did not improvidently exercise its discretion in granting plaintiff leave to amend its pleadings to add three additional causes of action—against 346 West 40th Street and Kinney for…