Court of Appeals of New York

Denial of defendant's application to amend his pleading to assert a counterclaim for payments that he alleges are due to him under a settlement agreement is reversed and remitted, where, under the circumstances of this case, given that plaintiff corporations admitted that they owed defendant the unpaid installments under the Settlement Agreement and the trial evidence established as much, there was no operative prejudice to plaintiffs in allowing defendant's amendment to assert the counterclaim for all outstanding payments.

Appellate Information

• Decided 11/25/2014
• Published 11/25/2014

Judges

• Rivera

Court

• Court of Appeals of New York

Counsel