DOREL STEEL ERECTION CORP. v. SEABOARD SURETY COMPANY


15 A.D.3d 319 (2005)

789 N.Y.S.2d 878

DOREL STEEL ERECTION CORP. et al., Respondents, v. SEABOARD SURETY COMPANY et al., Defendants, and SEA CREST CONSTRUCTION CORP., Appellant.

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

February 24, 2005.


The first amended complaint, in this action to foreclose on mechanics' liens, gave adequate notice of work performed pursuant to contract, payment due and liability due to breach, and additionally asked for "such other and further relief" that the court might deem just and equitable. Accordingly, the grant of plaintiffs' cross motion to amend again, to allege a formal claim for breach of contract, was an appropriate exercise of discretion (CPLR 3025 [b]; see 240-35 Assoc...

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