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HIGGINS v. MORAN

217 A.D.2d 945 (1995)

629 N.Y.S.2d 896

Leonard Higgins, Doing Business as Leonard Higgins General Contractors, Respondent, v. James J. Moran et al., Appellants

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

July 14, 1995

Judgment unanimously affirmed without costs.

Memorandum:

We conclude that Supreme Court properly permitted plaintiff building contractor to change his theory of liability from breach of an express contract to breach of an implied contract with respect to the Salt Road project (see, CPLR 3025 [c]; Gonfiantini v Zino, 184 A.D.2d 368, 369). Defendants failed to show that they were prejudiced thereby and, indeed...

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