Kettle v. Sweet Home Central School District

Order unanimously reversed on the law without costs and plaintiff’s motion denied. Memorandum: The court erred in granting plaintiff’s motion to amend the complaint to add a derivative cause of action on behalf of his wife.

Following an injury sustained when he fell off the roof of a school building owned by defendant Sweet Home Central School District, plaintiff served a notice of claim dated October 7, 1983, advising defendant of a claim for personal injuries *957sustained by plaintiff and also of a derivative claim on behalf of plaintiff’s wife. On October 4, 1984, just within the…