Opinion
June 9, 1995
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Denman, P.J., Green, Pine, Callahan and Davis, JJ.
Judgment unanimously affirmed without costs. Memorandum: The record establishes that Supreme Court properly granted plaintiff's motion for summary judgment on the second cause of action for an account stated (see, 1 N.Y. Jur 2d, Accounts and Accounting, § 19; see also, Trager Glass Co. v. Statbrook Contr. Corp., 197 A.D.2d 476; Marino v. Watkins, 112 A.D.2d 511, 512-513; cf., Peterson v. IBJ Schroder Bank Trust Co., 172 A.D.2d 165). Further, the court did not abuse its discretion in denying defendant's cross motion for leave to amend the answer to assert a counterclaim against plaintiff. Defendant knew of the facts that form the basis of the proposed amendment before it interposed its original answer, yet it waited, without explanation, until it was faced with plaintiff's motion for summary judgment on the second cause of action before seeking to interpose the counterclaim (see, Leon v. Montano, 119 A.D.2d 553).