Battery Building Maintenance Co. v. 888 Seventh Avenue Associates

Order Supreme Court, New York County (William J. Davis, J.), entered July 13, 1989, to the extent it (1) granted defendant’s motion for leave to amend its answer to assert additional counterclaims, and (2) denied plaintiffs cross motion to strike tenants’ moneys as a recoverable element of damages on defendant’s counterclaims, unanimously affirmed, with costs.

Plaintiff brought this action for breach of a building mainte*557nance contract between plaintiff and defendant’s predecessor which contract was assigned to defendant. At the conclusion of discovery, defendant learned of a letter agreement…