NAPOLITANO v. DGM-I CORP.


255 A.D.2d 567 (1998)

681 N.Y.S.2d 92

Joseph Napolitano et al., Respondents, v. Dgm-I Corporation, Appellant, et al., Defendant. (And a Third-Party Action.)

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

November 30, 1998


Ordered that the order is affirmed, with costs.

Under the particular circumstances of this case, which involve a construction site accident wherein a worker fell through an opening in the floor injuring himself, the Supreme Court did not improvidently exercise its discretion in granting the plaintiffs' motion for leave to amend the complaint to add a cause of action pursuant to Labor Law § 240 (1). Significantly, the appellant was unable to demonstrate any prejudice...

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