Appellate Division of the Supreme Court of the State of New York December 22, 2005 (Neff v. Brassie)

Appeal from an order of the Supreme Court, Steuben County (Marianne Furfure, A.J.), entered April 12, 2005 in a breach of contract action. The order granted the motion of defendant and third-party plaintiff to reopen the proof at a nonjury trial with respect to the cost of materials purchased by him from third-party defendant Phelps Cement Products, Inc.