From Casetext: Smarter Legal Research

J.B. Stau. Con. Inc. v. Mailloux

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 2006
35 A.D.3d 1207 (N.Y. App. Div. 2006)

Opinion

No. CA 06-02006.

December 22, 2006.

Appeal from an order of the Supreme Court, Onondaga County (Thomas J. Murphy, J.), entered October 31, 2005 in a breach of contract action. The order, insofar as appealed from, denied that part of plaintiff's cross motion for leave to amend the complaint to add a cause of action for an account stated.

COSTELLO, COONEY FEARON, PLLC, SYRACUSE (NICOLE M. MARLOW OF COUNSEL), FOR PLAINTIFF-APPELLANT.

HISCOCK BARCLAY, LLP, SYRACUSE (ALAN R. PETERMAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Before: Scudder, P.J., Martoche, Centra and Green, JJ.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court did not abuse its discretion in denying that part of plaintiff's cross motion seeking leave to amend the complaint to add a cause of action for an account stated, particularly in view of plaintiffs failure to present a satisfactory excuse for the delay in asserting that proposed cause of action and the prejudice to defendant if the court granted that part of the cross motion ( see Thibeault v Palma, 266 AD2d 616, 617).


Summaries of

J.B. Stau. Con. Inc. v. Mailloux

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 2006
35 A.D.3d 1207 (N.Y. App. Div. 2006)
Case details for

J.B. Stau. Con. Inc. v. Mailloux

Case Details

Full title:J.B. STAUFFER CONSTRUCTION CO., INC., Appellant, v. ROSE MARIE MAILLOUX…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 22, 2006

Citations

35 A.D.3d 1207 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 9800
825 N.Y.S.2d 407

Citing Cases

Woody v. State

Leave to amend or supplement a claim shall be freely given upon such terms as may be just unless the proposed…

Schrowang v. Biscone

The Court's function is issue finding, not issue determination, and where a genuine issue of fact exists,…