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Riccardelli v. Metro. Tr. Auth., N.Y

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 689 (N.Y. App. Div. 2004)

Opinion

2002-09728.

Decided April 26, 2004.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (M. Garson, J.), dated July 18, 2002, as denied her motion pursuant to CPLR 3025(b) for leave to amend the summons and complaint to add Time Warner Cable of New York City as a party defendant.

Lisa L. George, Brooklyn, N.Y., for appellant.

Newman Fitch Altheim Myers, P.C., New York, N.Y. (Charles W. Kreines and Kristin R. White of counsel), for nonparty-respondent.

Before: ANITA R. FLORIO, J.P., HOWARD MILLER, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff's motion for leave to amend the summons and complaint was untimely, as it was made after the expiration of the applicable three-year statute of limitations set forth in CPLR 214(5) ( see LoCiciro v. Metropolitan Transp. Auth., 288 A.D.2d 353, 354). Therefore, the motion was properly denied.

The plaintiff's remaining contentions either are without merit or are improperly raised for the first time on appeal.

FLORIO, J.P., H. MILLER, SCHMIDT and COZIER, JJ., concur.


Summaries of

Riccardelli v. Metro. Tr. Auth., N.Y

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 689 (N.Y. App. Div. 2004)
Case details for

Riccardelli v. Metro. Tr. Auth., N.Y

Case Details

Full title:EDITH RICCARDELLI, appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY OF…

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

Date published: Apr 26, 2004

Citations

6 A.D.3d 689 (N.Y. App. Div. 2004)
775 N.Y.S.2d 164

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