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CORNHUSKER FARMS, INC. v. HUNTS POINT COOPERATIVE MARKET, INC.

34 A.D.3d 309 (2006)

824 N.Y.S.2d 257

CORNHUSKER FARMS, INC., Respondent-Appellant, v. HUNTS POINT COOPERATIVE MARKET, INC., Appellant-Respondent.

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

Decided November 14, 2006.

The court properly permitted amendment of the complaint to add Nebraskaland, Inc. and Elk Horn, Inc., companies owned by plaintiff Cornhusker's principal, as parties plaintiff. The amendment merely shifted Cornhusker's claims to parties that could have asserted them in the first instance (see New York State Thruway Auth. v CBE Contr. Corp., 280 A.D.2d 390 [2001]). Defendant cannot demonstrate any prejudice by this amendment,

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