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J.B. STAUFFER CONSTRUCTION CO. INC. v. MARIE MAILLOUX

35 A.D.3d 1207 (2006)

825 N.Y.S.2d 407

J.B. STAUFFER CONSTRUCTION CO., INC., Appellant, v. ROSE MARIE MAILLOUX, Individually and as Executor of WILLIAM MAILLOUX, Deceased, Respondent.

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

Decided December 22, 2006.

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 plaintiff's failure to present a satisfactory excuse for the delay in asserting that proposed cause of action and the prejudice to defendant...

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