Contracts · MBE-tested
Seneca Pipe & Paving Co., Inc., Appellant, v. South Seneca Central School District et al., Defendants, and Frederico Construction Company, Respondent
83 A.D.3d 1542923 N.Y.S.2d 376·New York Supreme Court, Appellate Division·2011·NY
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Opinion
Seneca Pipe & Paving Co., Inc., Appellant, v South Seneca Central School District et al., Defendants, and Frederico Construction Company, Respondent.
(Appeal No. 2.)
[923 NYS2d 376]
[MAJORITY]
Appeal from an order of the Supreme Court, Seneca County (David Michael Barry, J), entered October 23, 2009 in a breach of contract action. The order denied the motion of plaintiff to amend its complaint to add an account stated cause of action and for a new trial on damages.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Seneca Pipe & Paving Co., Inc. v South Seneca Cent. School Dist. (83 AD3d 1540 [2011]). Present—Smith, J.P., Peradotto, Carni, Sconiers and Green, JJ.