Palmer v Ciminelli-Cowper Co., Inc.
2008 NY Slip Op 00937 [48 AD3d 1210]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


Shawn Palmer, Appellant, v Ciminelli-Cowper Co., Inc., et al., Respondents. (Appeal No. 2.)

—[*1] Collins & Maxwell, L.L.P., Buffalo (Alan D. Voos of counsel), for plaintiff-appellant.

Walsh & Wilkins, Buffalo (Deborah A. Chimes of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered September 14, 2007 in a personal injury action. The order denied the motion of plaintiff for leave to amend the complaint to add Louis P. Ciminelli Construction Co., Inc., also known as L.P. Ciminelli, as a defendant.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Palmer v Ciminelli-Cowper Co., Inc. (48 AD3d 1210 [2008]). Present—Hurlbutt, J.P., Martoche, Smith, Peradotto and Pine, JJ.