Vince Mahaney Construction Co. v. Stiles

Appellate Division of the Supreme Court of New York

Vince Mahaney Construction Co. v. Stiles

69 A.D.2d 1015, 415 N.Y.S.2d 1022, 1979 N.Y. App. Div. LEXIS 11802

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 13, 1979

StatusPublished

This text of 69 A.D.2d 1015 (Vince Mahaney Construction Co. v. Stiles) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Vince Mahaney Construction Co. v. Stiles, 69 A.D.2d 1015, 415 N.Y.S.2d 1022, 1979 N.Y. App. Div. LEXIS 11802 (N.Y. Ct. App. 1979).

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Opinion

Order unanimously modified, and, as modified, affirmed, without costs, in accordance with the following memorandum: We find no abuse of discretion in permitting the amendment to include additional causes of action for breach of contract and quantum meruit. The court should, however, have required plaintiff to serve an amended pleading and we modify the order accordingly. The amended complaint is to be served within 15 days from the entry of the order herein. (Appeal from order of Steuben County Court—amend complaint.) Present—-Cardamone, J. P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.

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Order unanimously modified, and, as modified, affirmed, without costs, in accordance with the following memorandum: We find no abuse of discretion in permitting the amendment to include additional causes of action for breach of contract and quantum meruit. The court should, however, have required plaintiff to serve an amended pleading and we modify the order accordingly. The amended complaint is to be served within 15 days from the entry of the order herein. (Appeal from order of Steuben County Court—amend complaint.) Present—-Cardamone, J. P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.

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Bluebook (online)

69 A.D.2d 1015, 415 N.Y.S.2d 1022, 1979 N.Y. App. Div. LEXIS 11802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vince-mahaney-construction-co-v-stiles-nyappdiv-1979.