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COLON v. SITE A-WASH. HGTS.

Index Nos. 159922/15, 595036/17. Appeal No. 15930. Case No. 2021-03987.

205 A.D.3d 500 (2022)

169 N.Y.S.3d 34

2022 NY Slip Op 03173

Jose Colon, Respondent, v. Site A-Washington Heights, Appellant. Site A-Washington Heights et al., Third-Party Plaintiffs-Appellants, v. Aids Service Center of Lower Manhattan, Inc., Doing Business as Aids Service Center, Third-Party Defendant-Respondent.

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

Decided May 12, 2022.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for appellants.

Hach & Rose, LLP, New York ( Brandon Cotter of counsel), for Jose Colon, respondent.

Brownell Partners PLLC, New York ( Chelsea A. Kearney of counsel), for Aids Service Center of Lower Manhattan, Inc., respondent.

Concur—Gische, J.P., Scarpulla, Mendez, Shulman, Higgitt, JJ.

The court providently exercised its discretion in granting plaintiff's motion for leave to amend the complaint to correct the date of the accident. The amendment did not result in any prejudice or surprise to Site A and was not palpably insufficient or patently devoid of merit (see Delta Dallas Alpha Corp. v South St. Seaport L.P., 127 A.D.3d 419

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