
    Shawn Palmer, Appellant, v Ciminelli-Cowper Co., Inc., et al., Respondents.
    (Appeal No. 2.)
    [849 NYS2d 829]
   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 E Ciminelli Construction Co., Inc., also known as L.E 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.  