Drwal v. 101 Ltd. Partnership

—Order, Supreme Court, New York County (Emily Goodman, J.), entered December 16, 1998, which denied defendants’ motion for summary judgment dismissing the complaint as time-barred, unanimously affirmed, without costs.

Plaintiff, a window washer who claims that he was struck in the neck and back by a defective scaffold, served an amended bill of particulars alleging that the accident occurred one week earlier than originally alleged. Defendants, the owner and managing agent of the building where the alleged accident occurred, argue that the amendment is a new claim of which the original…