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BRINK'S INC. v. CITY OF NEW YORK

No. 80 Civ. 6975.

533 F.Supp. 1122 (1982)

BRINK'S INC., Plaintiff and Defendant on Counterclaim, v. The CITY OF NEW YORK, Defendant and Counterclaimant. BRINK'S INC., Third-Party Plaintiff, v. John ADAMS, Anthony De Nardo, Trevor Fairweather, Richard Florio, James Gargiulo, Jorge Olivari and Michael Solomon, William J. Donovan, Francis Gitto, Ramon Hernandez, William McInerney, Anthony San Marco, Jose Rodriguez, James Springett, John Barrera and Joseph Nardo, Third-Party Defendants.

United States District Court, S. D. New York.

March 5, 1982.

Attorney(s) appearing for the Case

Milgrim, Thomajan, Jacobs & Lee, New York City, for plaintiff and third-party plaintiff Brink's Inc.; Robert A. Meister, New York City, of counsel.

Allen G. Schwartz, Corp. Counsel, New York City, for defendant The City of New York; Jefferey E. Glen, Sp. Asst. Corp. Counsel, New York City, of counsel.

Philip M. Kovitz, New York City, for third-party defendant Jose Rodriguez.

Peter D. Cooper, Brooklyn, N. Y., for third-party defendant William J. Donovan.

MEMORANDUM

EDWARD WEINFELD, District Judge.

Brink's moves for leave of the Court pursuant to Rule 15(a) of the Federal Rules of Civil Procedure to amend its reply to the counterclaims of The City of New York ("City") to include as a claim for equitable recoupment monies it alleges are due it for services rendered under its parking meter collection contract with the City. New York C.P.L.R. section 203(c) provides that a defendant may interpose as a recoupment...

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