Harry Mayer, Inc. v. Rider

—Order unanimously affirmed without *1020costs. Memorandum: Supreme Court properly exercised its discretion in denying defendant’s motion for leave to amend the answer to assert a counterclaim. The proposed counterclaim alleges that plaintiff, who sold dairy cattle to defendant, erroneously charged interest on the amount of the purchase price remaining unpaid after 30 days. Defendant alleges that, when the interest and finance charges imposed on his open account for some 17 years are deducted, defendant has in fact overpaid the account. Leave to amend may be denied where, as here, the proposed…