NAT'L STATES ELEC. CORP. v. LFO CONSTR. CORP.


203 A.D.2d 49 (1994)

609 N.Y.S.2d 900

National States Electric Corp., Appellant, v. LFO Construction Corp., Respondent. (Action No. 1.) Marina Towers Associates et al., Appellants-Respondents, v. National States Electric Corp., Appellant, and National Kinney Corp. et al., Respondents. (Action No. 2.) National States Electric Corp., Plaintiff, v. Insurance Company of North America, Defendant. (And Another Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

April 7, 1994


The trial court did not abuse its discretion in permitting defendants to conform their pleadings to the proof by interposing the Statute of Frauds as a defense to plaintiffs' causes of action for breach of guarantee and fraud as no new factual issues were raised and there was no discernable prejudice to plaintiffs (see, Dittmar Explosives v A. E. Ottaviano, Inc., 20 N.Y.2d 498; Gonfiantini v Zino, 184...

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