Seneca Pipe & Paving Co. v. South Seneca Central School District

83 A.D.3d 1542, 923 N.Y.S.2d 376

Opinion

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.