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

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


April 29, 2011

SENECA PIPE & PAVING CO., INC.,
PLAINTIFF-APPELLANT,
v.
SOUTH SENECA CENTRAL SCHOOL DISTRICT, ET AL.,
DEFENDANTS,
AND FREDERICO CONSTRUCTION COMPANY,
DEFENDANT-RESPONDENT.

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

20110429

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