Legal Opinion
Werner Spitz Construction Co. v. Vanderlinde Electric Corp.
New York County Courts
Decided September 14, 1970PublishedCited by 4 opinions
1Opinion of the Court
David 0. Boehm, J.
In this motion, defendant seeks to amend its answer, pursuant to CPLR 3025 (suhd. [b]) to add an additional counterclaim.
In July, 1966, the plaintiff, the general contractor in the construction of the Bay Trail Junior High School building, commenced this action against the defendant, one of the subcontractors, for materials and services furnished and performed between April 1, 1965 and February 1, 1966. In its answer, dated August 8, 1966, the defendant interposed a general denial and counterclaimed for services performed and materials furnished on behalf of the plaintiff…
2Cases cited10 opinions
- Harriss v. TamsNew York Court of Appeals · 1932
- Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
- Town Board of Fallsburgh v. National Surety Corp.New York Supreme Court · 1967
- Berlin v. GoldbergCivil Court of the City of New York · 1966
- Great American Indemnity Co. v. Lapp Insulator Co.Appellate Division of the Supreme Court of the State of New York · 1953
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3Cited by4 opinions
- Shapiro v. SchoningerAppellate Division of the Supreme Court of the State of New York · 1986
- Bernstein v. SpatolaAppellate Division of the Supreme Court of the State of New York · 1986
- Zaveta v. PortelliAppellate Division of the Supreme Court of the State of New York · 1987
- Dacey v. Value Line Special Situations Fund, Inc.District Court, S.D. New York · 1976