Cornhusker Farms, Inc. v. Hunts Point Cooperative Market, Inc.

Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered March 15, 2006, which, to the extent appealed from, denied both parties’ motions for partial summary judgment but granted plaintiff’s cross motion to amend its complaint, unanimously modified, on the law, defendant granted partial summary judgment dismissing so much of the first cause of action as seeks recovery for failure to build items not specifically set forth in exhibit D to the subscription agreement, and otherwise affirmed, with costs in favor of defendant.

The court properly permitted amendment of the complaint to add…