Ceritano Brickwork, Inc. v. Kirkwood Industries, Inc.

WOLCOTT, Chief Justice:

This is an appeal from the grant of summary judgment and the denial of the claimant’s motion to amend the complaint in a mechanic’s lien action.

Appellant filed a complaint alleging that it furnished labor and materials for the construction of an apartment complex known as Town Court Apartments in the City of Newark. Appellee answered, setting up six affirmative defenses, three of which formed the basis upon which summary judgment was granted. Following the filing of the answer, appellant moved to amend its complaint.

The three affirmative defenses which formed the basis…