Ace Hoeffner Contracting Co. v. P. J. Panzcka, Inc.

Plaintiff herein opposes defendants motion for leave to file an amended answer and cross-moves ".for summary judgment.

Plaintiff’s opposition comes on two grounds. He argues that the counterclaim is based on grounds the same as or nearly the same as those asserted as an affirmative defense in the answer. *865Defendant is now precluded from giving evidence relating to matters requested in a bill of particulars concerning his affirmative defense (CPLR 3042, subd. [c]) and it is plaintiff’s position that defendant ought not to be permitted to circumvent the effect of the preclusion order by giving…