Opinion
3453N.
Decided April 22, 2004.
Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered June 16, 2003, which granted plaintiffs' motion to amend the complaint to add a cause of action under General Municipal Law § 205(e), unanimously affirmed, without costs.
Steve S. Efron, New York, for appellant.
Mitchell R. Schrage Associates, PLLC, New York (Jeffrey A. Kaplan of counsel), for respondents.
Before: Tom, J.P., Saxe, Ellerin, Lerner, JJ.
The motion was properly granted upon a record showing that the facts underlying the amendment were made known to defendant-appellant at an early stage of the action, and where the amendment seeks only to add a new theory of liability based on those facts ( see Falk v. National Union Fire Ins. Co., 249 A.D.2d 238).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.