| Boivin v Marrano/Marc Equity Corp. |
| 2010 NY Slip Op 08235 [78 AD3d 1568] |
| November 12, 2010 |
| Appellate Division, Fourth Department |
| Wayne A. Boivin, Respondent, v The Marrano/Marc EquityCorp., Appellant. |
—[*1] Cellino & Barnes, P.C., Buffalo (Gregory V. Pajak of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), enteredSeptember 23, 2009 in a personal injury action. The order, insofar as appealed from, granted themotion of plaintiff for leave to amend the complaint nunc pro tunc.
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 seekingdamages for injuries he sustained while installing a roof on a home that was under construction.Supreme Court properly granted plaintiff's motion seeking leave to amend the complaint with respect tothe alleged location of the accident. "The proposed amendment, based upon information that came tolight during discovery, will not prejudice defendant[ ] . . . , and it is not plainly lacking inmerit" (Haga v Pyke, 19 AD3d1053, 1055 [2005]; see Hernandez vCity of Yonkers, 74 AD3d 1025, 1026-1027 [2010]; Haggerty v Everett Realty, 21 AD3d 268 [2005]).Present—Centra, J.P., Fahey, Peradotto, Lindley and Green, JJ.