Opinion
February 26, 1998
Appeal from the Supreme Court, New York County (Lorraine Miller, J.).
The motion court properly concluded that the doctrine of relation back allowed amendment of the pleadings to add Port Morris Marble as an additional defendant since Port Morris Marble is "united in interest" with defendant 1370 Broadway Associates (CPLR 203 [b], Buran v. Coupal, 87 N.Y.2d 173). However, since the record reveals that Port Morris Tile had nothing to do with the construction project at issue and, accordingly, that it was mistakenly named as a defendant, the complaint and all cross claims against it should have been dismissed.
Concur — Milonas, J. P., Williams, Mazzarelli and Andrias, JJ.