Opinion
April 29, 2011.
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.
Present — Smith, J.P., Peradotto, Carni, Sconiers and Green, JJ.
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).