SENECA PIPE & PAVING CO., INC. v. SOUTH SENECA CENTRAL SCHOOL DISTRIC ( 2011 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 521 CA 10-01953 PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND GREEN, JJ. SENECA PIPE & PAVING CO., INC., PLAINTIFF-APPELLANT, V MEMORANDUM AND ORDER SOUTH SENECA CENTRAL SCHOOL DISTRICT, ET AL., DEFENDANTS, AND FREDERICO CONSTRUCTION COMPANY, DEFENDANT-RESPONDENT. (APPEAL NO. 2.) 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. ([appeal No. 1] ___ AD3d ___ [Apr. 29, 2011]). Entered: April 29, 2011 Patricia L. Morgan Clerk of the Court