From Casetext: Smarter Legal Research

Boivin v. Marrano/Marc Equity Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 2010
78 A.D.3d 1568 (N.Y. App. Div. 2010)

Opinion

No. CA 10-01186.

November 12, 2010.

Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered September 23, 2009 in a personal injury action. The order, insofar as appealed from, granted the motion of plaintiff for leave to amend the complaint nunc pro tunc.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (WENDY A. SCOTT OF COUNSEL), FOR DEFENDANT-APPELLANT.

CELLINO BARNES, P.C., BUFFALO (GREGORY V. PAJAK OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present — Centra, J.P., Fahey, Peradotto, Lindley and Green, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained while installing a roof on a home that was under construction. Supreme Court properly granted plaintiffs motion seeking leave to amend the complaint with respect to the alleged location of the accident. "The proposed amendment, based upon information that came to light during discovery, will not prejudice defendant[] . . ., and it is not plainly lacking in merit" ( Haga v Pyke, 19 AD3d 1053, 1055; see Hernandez v City of Yonkers, 74 AD3d 1025, 1026-1027; Haggerty v Everett Realty, 21 AD3d 268).


Summaries of

Boivin v. Marrano/Marc Equity Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 2010
78 A.D.3d 1568 (N.Y. App. Div. 2010)
Case details for

Boivin v. Marrano/Marc Equity Corp.

Case Details

Full title:WAYNE A. BOIVIN, Respondent, v. THE MARRANO/MARC EQUITY CORP., Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 12, 2010

Citations

78 A.D.3d 1568 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 8235
912 N.Y.S.2d 474

Citing Cases

Vidal v. Claremont 99 Wall, LLC

The parties' remaining contentions are without merit.Accordingly, the Supreme Court should have granted that…