Onondaga County Water Authority v. City of Syracuse

Order unanimously affirmed, with costs. Memorandum: Special Term properly denied defendant’s motion to amend its answer to assert second and third counterclaims. Neither of the proposed counterclaims states a cause of action (see Grafer v Marko Beer & Beverages, 36 AD2d 295, 296, app dsmd 29 NY2d 641). (Appeal from order of Supreme Court, Onondaga County, Balio, J. — amend answer.) Present — Dillon, P. J., Doerr, Denman, O’Donnell and Schnepp, JJ.