Legal Opinion

Brink's Inc. v. City of New York

District Court, S.D. New York

Decided March 5, 1982No. 80 Civ. 6975Published

1Opinion of the Court

MEMORANDUM

EDWARD WEINFELD, District Judge.

Brink’s moves for leave of the Court pursuant to Rule 15(a) of the Federal Rules of Civil Procedure to amend its reply to the counterclaims of The City of New York (“City”) to include as a claim for equitable recoupment monies it alleges are due it for services rendered under its parking meter collection contract with the City. New York C.P.L.R. section 203(c) provides that a defendant may interpose as a recoupment any claim arising out of the same transaction, even though an independent action by the defendant on the claim would be time *1123barred. Thus,…

2Cases cited6 opinions

Foman v. DavisSupreme Court of the United States · 1962
Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
In re the Arbitration between SCM Corp. & Fisher Park Lane Co.New York Court of Appeals · 1976
Seligson v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 1975
Chevron Oil Co. v. Atlas Oil Co. of Utica, Inc.Appellate Division of the Supreme Court of the State of New York · 1967

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