Battaglia v Held's Janitorial, Inc. (2011 NY Slip Op 02555)

Battaglia v Held's Janitorial, Inc.

2011 NY Slip Op 02555 [83 AD3d 1397]

April 1, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 8, 2011

Christine Battaglia, Respondent, v Held's Janitorial, Inc., et al., Defendants, and Iskalo Electric Tower, LLC, et al., Appellants.

—[*1] Eustace & Marquez, White Plains, Mischel & Horn, P.C., New York City (Scott T. Horn of counsel), for appellants. Andrews, Bernstein & Maranto, LLP, Buffalo (Andrew J. Connelly of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered January 22, 2010 in a personal injury action. The order granted the motion of plaintiff for leave to file and serve an amended summons and complaint naming Iskalo Electric Tower, LLC and Iskalo Development Corp. as defendants in place of Iskalo Holding Corporation.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Fahey, Carni, Green and Gorski, JJ.