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SENECA PIPE & PAVING CO., INC. v. SOUTH SENECA CENTRAL SCHOOL DISTRIC

Appellate Division of the Supreme Court of the State of New York·Decided April 29, 2011·No. CA 10-01953·Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

521 CA 10-01953 PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND GREEN, JJ.

SENECA PIPE & PAVING CO., INC., PLAINTIFF-APPELLANT,

V MEMORANDUM AND ORDER

SOUTH SENECA CENTRAL SCHOOL DISTRICT, ET AL., DEFENDANTS, AND FREDERICO CONSTRUCTION COMPANY, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

CAMARDO LAW FIRM, P.C., AUBURN (KEVIN M. COX OF COUNSEL), FOR PLAINTIFF-APPELLANT.

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. ([appeal No. 1] ___ AD3d ___ [Apr. 29, 2011]).

Entered: April 29, 2011 Patricia L. Morgan Clerk of the Court

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SENECA PIPE & PAVING CO., INC. v. SOUTH SENECA CENTRAL SCHOOL DISTRIC, (N.Y. Ct. App. 2011).

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