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Glaser v. Pips Catering Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jan 20, 2004
3 A.D.3d 517 (N.Y. App. Div. 2004)

Opinion


3 A.D.3d 517 770 N.Y.S.2d 634 Howard Glaser, Appellant v. PIPS Catering Corp., Respondent. Supreme Court of New York, Second Department January 20, 2004.

        OPINION

        In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Ort, J.), dated September 23, 2002, which denied his motion for leave to serve a supplemental summons and amended complaint adding two defendants to the action.

        Ordered that the order is affirmed, with costs.

        Well after the expiration of the applicable statute of limitations the plaintiff moved for leave to serve a supplemental summons and amended complaint adding two defendants to the action. We affirm the Supreme Court's denial of the motion, since the plaintiff failed to meet his burden of establishing that the proposed additional defendants were united in interest with the original defendant, so as to apply the relation-back doctrine (see CPLR 203 [b]; Moller v Taliuaga, 255 A.D.2d 563 [1998]).

        Krausman, J.P., Goldstein, Luciano and Cozier, JJ., concur.

Summaries of

Glaser v. Pips Catering Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jan 20, 2004
3 A.D.3d 517 (N.Y. App. Div. 2004)
Case details for

Glaser v. Pips Catering Corp.

Case Details

Full title:HOWARD GLASER, appellant, v. PIPS CATERING CORP., respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 20, 2004

Citations

3 A.D.3d 517 (N.Y. App. Div. 2004)
770 N.Y.S.2d 634
770 N.Y.S.2d 637