Madison-Murray Associates v. Perlbinder

Order, Supreme Court, New York County (Herman Cahn, J.), entered on or about June 21, 1988, which granted plaintiff’s motion for leave to amend the complaint and denied defendant’s motion for leave to file an amended answer and to increase plaintiff’s bond, unanimously modified, on the law, to grant that portion of defendant’s motion which sought leave to file an amended answer asserting a counterclaim based on plaintiff’s alleged breach of the alterations clause of the subject lease, and otherwise affirmed, without costs.

We find that the court was within its discretion in permitting…