DocketNumber: No. CV91 0118788 S
Citation Numbers: 1995 Conn. Super. Ct. 549
Judges: HICKEY, J.
Filed Date: 1/27/1995
Status: Non-Precedential
Modified Date: 4/18/2021
The defendants, on November 4, 1994, filed a motion for leave to file amended special defenses, counterclaims, set-offs and recoupment. On November 16, 1994, the plaintiff filed an objection to request for leave to file amended special defenses, counterclaims, set-offs and recoupment. The defendants filed a response to the plaintiff's objection on November 28, 1994. The defendants allege in their additional special defenses, set-offs and counterclaim that precast panels installed by the plaintiffs have cracked and water has leaked through and damaged the buildings.
"`The trial court has wide discretion in granting or denying amendments,' and its determination will not be reversed absent an abuse of discretion." Web Press Services Corp. v. New LondonMotors, Inc.,
The plaintiff argues that the amendment is untimely because the case is exposed or trial on March 6, 1995, and adds causes of action not arising out of the same facts and transactions that are in the underlying complaint. The defendants argue that, in its complaint, the plaintiff seeks to recover for work it performed on the project, and therefore, the defendants are entitled offset any amount by the damages suffered from the plaintiff's faulty CT Page 551 performance. The defendants also argue that their amendment is timely in that it only recently became aware of the cracks that formed in the precast panels.
The plaintiff seeks to recover the value of its services in the construction of the Stamford Towers. The defendants' amended special defenses and counterclaim are directed to the value of these services. The defendants have argued that they became aware of the problems with the panels "this year," made the plaintiff aware of the problem, and the plaintiff did not rectify the situation, and subsequently, the defendants filed their amendment. Accordingly, in light of the liberal policy of allowing amendments, the defendants' request to file additional special defense, counterclaims, set-offs and recoupment is granted and the plaintiff's objection is overruled.
HICKEY, J.