Opinion
June 16, 1986
Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.).
Orders affirmed, with one bill of costs.
Special Term properly granted the plaintiffs leave to serve an amended complaint asserting a direct claim against the appellant (see, Duffy v. Horton Mem. Hosp., 66 N.Y.2d 473; Cucuzza v Vaccarro, 67 N.Y.2d 825, affg 109 A.D.2d 101).
The plaintiffs were not obligated to serve a supplemental summons along with their amended complaint because the third-party defendant was not a "new party" within the meaning of CPLR 305 (a). He was "fully a party to this action with clear notice of the allegations charging him with ultimate liability" from the time of service of the third-party complaint (see, Cucuzza v. Vaccarro, 109 A.D.2d 101, 104, supra; Holst v. Edinger, 93 A.D.2d 313, 315-316). Mangano, J.P., Gibbons, Brown and Kooper, JJ., concur.