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HAGGERTY v. EVERETT REALTY

21 A.D.3d 268 (2005)

800 N.Y.S.2d 7

FRANK HAGGERTY et al., Appellants, v. EVERETT REALTY et al., Respondents, et al., Defendant.

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

August 11, 2005.

Sweet moved for summary judgment on the ground that it had no involvement in any activities at 200 Park Avenue South, the accident location alleged in the original complaint. In response, plaintiffs cross-moved to amend the complaint to allege the correct accident location, 201 Park Avenue South. Sweet, which does not deny that it performed work at 201 Park Avenue South, has not demonstrated either that it is entitled to judgment as a matter of law or that it will suffer...

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