Appellate Division of the Supreme Court of the State of New York April 27, 2012 (Voigt v. Savarino Construction Corp.)

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered May 18, 2011 in a breach of contract action. The order denied without prejudice the motion of plaintiff for summary judgment and granted the motion of defendant for leave to amend its response to plaintiffs notice to admit.