Appellate Division of the Supreme Court of the State of New York June 26, 1995 (Silverman v. Bryan)

In an action, inter alia, for a judgment declaring the rights of the parties under a lease, the defendant appeals from (1) an order of the Supreme Court, Nassau County (Hart, J.), dated December 28, 1993, which denied his motion to amend his answer to include a counterclaim to recover liquidated damages for breach of the lease, and (2) a judgment of the same court (Collins, J.