Silverite Construction Co. v. Town of North Hempstead

Appellate Division of the Supreme Court of New York

Silverite Construction Co. v. Town of North Hempstead

285 A.D.2d 456, 727 N.Y.S.2d 342, 2001 N.Y. App. Div. LEXIS 6941

Appellate Division of the Supreme Court of the State of New York·Decided July 2, 2001·Published·Cited by 2 cases

Opinion

—In an action to [457]*457recover damages for breach of a construction contract, the plaintiff appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Nassau County (McCaffrey, J.), entered May 2, 2000, which is in its favor and against the defendant in the principal sum of only $50,000.

Ordered that the judgment is affirmed, with costs.

The parties stipulated that the plaintiff was entitled to recover $50,000, representing damages incurred through April 22, 1987. However, the Supreme Court properly denied the plaintiffs application for leave to amend the complaint to include a claim for damages allegedly incurred after April 22, 1987. Leave to amend a pleading should be denied where, as here, the proposed amendment is devoid of merit (see, Fucci v Shellfish, Inc., 277 AD2d 280; Tarantini v Russo Realty Corp., 273 AD2d 458; Fandy Corp. v Lung-Fong Chen, 265 AD2d 450).

The plaintiffs remaining contentions are not properly raised on this appeal. Santucci, J. P., Goldstein, Florio and Crane, JJ., concur.

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—In an action to [457]*457recover damages for breach of a construction contract, the plaintiff appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Nassau County (McCaffrey, J.), entered May 2, 2000, which is in its favor and against the defendant in the principal sum of only $50,000.

Ordered that the judgment is affirmed, with costs.

The parties stipulated that the plaintiff was entitled to recover $50,000, representing damages incurred through April 22, 1987. However, the Supreme Court properly denied the plaintiffs application for leave to amend the complaint to include a claim for damages allegedly incurred after April 22, 1987. Leave to amend a pleading should be denied where, as here, the proposed amendment is devoid of merit (see, Fucci v Shellfish, Inc., 277 AD2d 280; Tarantini v Russo Realty Corp., 273 AD2d 458; Fandy Corp. v Lung-Fong Chen, 265 AD2d 450).

The plaintiffs remaining contentions are not properly raised on this appeal. Santucci, J. P., Goldstein, Florio and Crane, JJ., concur.

Silverite Construction Co. v. Town of North Hempstead, 285 A.D.2d 456, 727 N.Y.S.2d 342, 2001 N.Y. App. Div. LEXIS 6941 (N.Y. Ct. App. 2001).

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