BOIVIN v. MARRANO/MARC

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

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained while installing a roof on a home that was under construction. Supreme Court properly granted plaintiffs motion seeking leave to amend the complaint with respect to the alleged location of the accident. "The proposed amendment, based upon information that came to light during discovery, will not prejudice defendant[] . . ., and it is not plainly lacking in merit" ( Haga v Pyke, 19 AD3d 1053, 1055; see Hernandez v City of Yonkers, 74 AD3d 1025, 1026-1027; Haggerty v Everett Realty, 21 AD3d 268).