Seneca Pipe & Paving Co., Inc. v South Seneca Cent. School Dist. (2011 NY Slip Op 03421)

Seneca Pipe & Paving Co., Inc. v South Seneca Cent. School Dist.

2011 NY Slip Op 03421 [83 AD3d 1542]

April 29, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 8, 2011

—Seneca Pipe & Paving Co., Inc., Appellant, v South Seneca Central School District et al., Defendants, and Frederico Construction Company, Respondent. (Appeal No. 2.)

—[*1] Camardo Law Firm, P.C., Auburn (Kevin M. Cox of counsel), for plaintiff-appellant.

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.