Sugar Foods De Mexico v. Scientific Scents, LLC

Peters, J.P.

Appeal from an order of the Supreme Court (Nolan, Jr., J.), entered October 29, 2009 in Saratoga County, which granted plaintiffs motion for leave to serve an amended complaint.

Defendant placed purchase orders with plaintiff to package seasoning products and ship them to a distributor. Flaintiff *1552thereafter commenced this action and alleged that, among other things, defendant had failed to pay for goods that were sold and delivered to it. Following joinder of issue, Supreme Court granted plaintiffs motion for summary judgment as to liability on that claim, leaving open the issue of…