D'Orazio v. Mainetti
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Cross appeals from an order of the Supreme Court (Hummel, J.), entered May 18, 2006 in Ulster County, which, *982inter alia, denied defendants’ motion for leave to serve an amended answer and counterclaim.
Plaintiff commenced this action in April 2002 seeking to recover corporate assets allegedly owed to him following his withdrawal from his former law firm, Mainetti, Mainetti & D’Orazio, EC. (see 24 AD3d 915 [2005]). In March 2006, defendants moved to amend their answer to add an affirmative defense and counterclaim based upon a written partnership agreement that had been signed by plaintiff when…
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