Putrelo Construction Co. v. Town of Marcy

Appeal from an order of the Supreme Court, Oneida County (Norman I. Siegel, J.), entered September 29, 2014. The order denied the motion of plaintiff for leave to amend the ad damnum clause in its complaint, granted the cross motion of defendant to limit proof of damages at trial, and granted the cross motion of third-party defendant to dismiss the first cause of action of plaintiff to the extent that plaintiff seeks to recover $33,323.31 for change orders Nos. 7, 11, 12, 13 and 17.

It is hereby ordered that the order so appealed from is *1592unanimously modified on the law by granting plaintiff’s…