New York State Thruway Authority v. CBE Contracting Corp.
Opinion of the Court
—Order, Supreme Court, New York County (Ira Gammerman, J.), entered January 4, 2000, which, in an action for indemnification by the owner of a construction project against a subcontractor arising out of personal injuries sustained by a laborer, inter alia, granted plaintiffs motion for summary judgment, unanimously affirmed, without costs.
We reject defendant’s contention that the amendment of the complaint substituting the New York State Thruway Authority as plaintiff for the State of New York violated defendant’s right to due process, or was otherwise improper. “It is well settled that an amendment which would shift a claim from a party without standing to another party who could have asserted that claim in the first instance is proper since such an amendment, by its nature, does not result in surprise or prejudice to the defendants who had prior knowledge of the claim and an opportunity to prepare a proper defense.” (MK W. St. Co. v Meridien Hotels, 184 AD2d 312, 313-314.) On the merits, we reject
Case-law data current through December 31, 2025. Source: CourtListener bulk data.