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Environmental Prod. Serv. v. Briar Contr

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1992
185 A.D.2d 684 (N.Y. App. Div. 1992)

Opinion

July 14, 1992

Appeal from the Supreme Court, Onondaga County, Mordue, J.

Present — Callahan, J.P., Green, Lawton, Boehm and Davis, JJ.


Judgment unanimously affirmed with costs. Memorandum: The court properly granted summary judgment to plaintiff and properly denied defendants' motion for leave to serve an amended answer. The record established that plaintiff submitted proof sufficient "to warrant the court as a matter of law in directing judgment in [its] favor" (CPLR 3212 [b]). Plaintiff proved that it performed its subcontract, submitted detailed invoices to support its claims for payment and established that the amount it claimed was the amount actually owing (see, Zambetti v. Steinmetz, 205 App. Div. 520).

Defendants' motion for leave to amend was committed to the sound discretion of the trial court, whose determination should not be lightly set aside (see, Ross v. Ross, 143 A.D.2d 429). The proposed affirmative defenses would not have added anything to the general denial by defendants in the original answer.


Summaries of

Environmental Prod. Serv. v. Briar Contr

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1992
185 A.D.2d 684 (N.Y. App. Div. 1992)
Case details for

Environmental Prod. Serv. v. Briar Contr

Case Details

Full title:ENVIRONMENTAL PRODUCTS SERVICES, INC., Respondent, v. BRIAR CONTRACTING…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 14, 1992

Citations

185 A.D.2d 684 (N.Y. App. Div. 1992)