National Compactor & Technology System, Inc. v. Kohleriter & Spandorf

Appeal from an order of the Supreme Court, Suffolk County, entered February 8,1974, which denied defendant’s motion to amend its answer in Action No. 1 so as to assert a claim over against plaintiff in that action. Order affirmed, with $20 costs and disbursements. While the proposed claim over for indemnity was undoubtedly timely interposed (Museo v. Conte, 22 A D 2d 121; Satta v. City of New York, 272 App. Div. 782), it was, nevertheless, insufficient in point of law and therefore leave was properly denied (Zillman v. Meadowbrook Hosp. Co., 45 A D 2d 267; Grafer v. Marko Beer & Beverages, 36…