WDF, Inc. v. City of New York

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered November 14, 2011, which granted defendant City of New York’s motion to amend its answer, for partial summary judgment dismissing plaintiffs breach of contract claim and to declare that the notice of claim related to the contract had been withdrawn, and denied plaintiff’s cross motion as moot, unanimously affirmed, without costs.

The court properly granted defendant’s motion for leave to amend its answer to add an affirmative defense of waiver and release and a counterclaim seeking a declaration that plaintiffs notice of…