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KETTLE v. SWEET HOME CENT. SCH. DIST.

152 A.D.2d 956 (1989)

Myron F. Kettle, Respondent, v. Sweet Home Central School District, Appellant and Third-Party Plaintiff. General Coatings Incorporated, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1989

Order unanimously reversed on the law without costs and plaintiff's motion denied.

Memorandum:

The court erred in granting plaintiff's motion to amend the complaint to add a derivative cause of action on behalf of his wife.

Following an injury sustained when he fell off the roof of a school building owned by defendant Sweet Home Central School District, plaintiff served a notice of claim dated October 7, 1983, advising defendant of a claim for personal...

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