In Oil Heat Inst. of Long Island Ins. Trust v. RMTS Assocs., LLC, 4 AD3d 290, 294, 772 N.Y.S.2d 313 [1st Dept 2004], the plaintiffs' amendment sought to "assert direct claims against third-party defendants . . . It is clear that plaintiffs made a deliberate tactical decision at the commencement of this litigation not to sue the third-party defendants. Thus, plaintiffs, having charted their own course, cannot now be heard to complain." (Oil Heat, 4 AD3d at 290, 294.)