Prote Contracting Co. v. Board of Education

—Order, Supreme Court, New York County (Jane Solomon, J.), entered February 14, 1997, which denied defendant’s motion to amend its answer pursuant to CPLR 3025 (b) to assert an additional counterclaim, to compel additional disclosure from plaintiff and to strike plaintiffs note of issue, unanimously modified, on the law, the facts and in the exercise of discretion, to grant that branch of defendant’s motion seeking leave to amend its answer to add a. counterclaim, and that branch seeking to strike the note of issue, and to permit the parties to seek additional discovery on issues related to…