SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 29, 2011
SENECA PIPE & PAVING CO., INC.,
SOUTH SENECA CENTRAL SCHOOL DISTRICT, ET AL.,
AND FREDERICO CONSTRUCTION COMPANY,
Appeal from an order of the Supreme Court, Seneca County (David Michael Barry, J.), entered October 23, 2009 in a breach of contract action.
Seneca Pipe & Paving Co., Inc. v. South Seneca Cent. School Dist.
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on April 29, 2011
PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND GREEN, JJ.
(APPEAL NO. 2.)
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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