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Silverite Construction Co. v. Town of North Hempstead

285 A.D.2d 456 Court N.Y. App. Div. Decision date 2001-07-02 English

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p. 456
Silverite Construction Co., Inc., Appellant, v Town of North Hempstead, Respondent.
[727 NYS2d 342]

—In an action to

p. 457
recover damages for breach of a construction contract, the plaintiff appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Nassau County (McCaffrey, J.), entered May 2, 2000, which is in its favor and against the defendant in the principal sum of only $50,000.

Ordered that the judgment is affirmed, with costs.

The parties stipulated that the plaintiff was entitled to recover $50,000, representing damages incurred through April 22, 1987. However, the Supreme Court properly denied the plaintiffs application for leave to amend the complaint to include a claim for damages allegedly incurred after April 22, 1987. Leave to amend a pleading should be denied where, as here, the proposed amendment is devoid of merit (see, Fucci v Shellfish, Inc., 277 AD2d 280 ; Tarantini v Russo Realty Corp., 273 AD2d 458 ; Fandy Corp. v Lung-Fong Chen, 265 AD2d 450 ).

The plaintiffs remaining contentions are not properly raised on this appeal. Santucci, J. P., Goldstein, Florio and Crane, JJ., concur.

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