New York Telephone Co. v. County Ashphalt, Inc.

Harold J. Hughes J.

Defendant has moved, pursuant to CPLR 3025 (subd [b]), for leave to serve an amended answer containing a counterclaim.

This action was commenced on July 25, 1974 by service of a *959summons and a complaint alleging that plaintiff sustained damages to its underground facilities as the result of defendant’s negligent performance of a State highway construction contract during the period of August 12, 1971 to September 20, 1971. Issue was joined on August 20, 1974 by service of an answer which consisted of a general denial. Defendant has now moved for leave to amend its answer to…