Rodschat v. Herzog Supply Co.

Appeal from an order of the Supreme Court (Canfield, J.), entered June 25, 1993 in Ulster County, which granted plaintiff’s motion to amend the complaint.

Plaintiff commenced this personal injury action seeking damages for injuries he allegedly sustained when a maul he was using to split wood splintered. Thereafter, defendant brought a timely third-party action against, inter alia, Allegheny International, Inc. and Emhart Corporation. After the expiration of the Statute of Limitations, plaintiff, by order to show cause, moved to amend his complaint to add Allegheny as a direct defendant.…