Opinion
November 30, 1998
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the order is affirmed, with costs.
Under the particular circumstances of this case, which involve a construction site accident wherein a worker fell through an opening in the floor injuring himself, the Supreme Court did not improvidently exercise its discretion in granting the plaintiffs' motion for leave to amend the complaint to add a cause of action pursuant to Labor Law § 240 Lab. (1). Significantly, the appellant was unable to demonstrate any prejudice or surprise by the delay in moving for leave, to amend ( see, Corsale v. Pantry Pride Supermarket, 197 A.D.2d 659; D'Onofrio v. St. Joseph's Hosp. Health Ctr., 101 A.D.2d 686). Moreover, contrary to "the appellant's contention, a prior order by Justice Golabella did not preclude the granting of the plaintiffs' motion under the doctrine of law of the case.
O'Brien, J. P., Pizzuto, Joy and Goldstein, JJ., concur.