Opinion
March 25, 1996
Appeal from the Supreme Court, Queens County (Rutledge, J.).
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the plaintiff's motion is granted, the proposed amended complaint is deemed served, and the third-party defendant's time to serve an amended answer is extended until 20 days after service upon it of a copy of this decision and order, with notice of entry.
After the expiration of the applicable Statute of Limitations, the plaintiff moved to amend his complaint so as to (1) add the second third-party defendant, Coliseum Towers Associates (hereinafter Coliseum), as a direct defendant, and (2) assert against Coliseum a cause of action pursuant to Labor Law § 240 (1). Since the record does not contain any evidence that Coliseum would be prejudiced as the result of the proposed retroactive amendment, we find that the Supreme Court erred in denying the plaintiff's motion ( see generally, Duffy v Horton Mem. Hosp., 66 N.Y.2d 473, 477-478; see also, Linares v Franklin Mfg. Corp., 155 A.D.2d 518). Balletta, J.P., Rosenblatt, Pizzuto, Joy and Altman, JJ., concur.