Daigle v. Texas International Co.

I dissent and would affirm the order of Special Term which denied defendants’ motion for leave to serve an amended answer adding a fourth and fifth counterclaim.

In my view, the fourth and fifth counterclaims seek to inject into this action contingent liability with respect to other actions and proceedings brought by different parties against defendants in other forums. Defendants contend that if they are unsuccessful in the other litigation, there will be a corresponding decrease in the earnings and profit of the Texas International Companies, which may affect the bonus compensation to be…