Shefa Unlimited, Inc. v. Amsterdam
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*522In the proposed second amended complaint, the plaintiffs sought, in effect, to assert a new cause of action to recover damages for legal malpractice. However, that cause of action was time-barred (see CPLR 214 [6]). Moreover, the original complaint did not give the appellants notice of the alleged transactions, occurrences, or series of transactions and occurrences that formed the basis for the new cause of action (see CPLR 203 [f]). Under these circumstances, where the proposed pleading was not a “mere expansion” of the allegations in the original complaint, and thus, did not “relate back”…
2Cases cited3 opinions
- Barnes v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1985
- Nissenbaum v. FerazzoliAppellate Division of the Supreme Court of the State of New York · 1991
- Krioutchkova v. Gaad Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by4 opinions
- Staskowski v. Nassau Community CollegeAppellate Division of the Supreme Court of the State of New York · 2008
- Cinao v. ReersNew York Supreme Court · 2010
- Frank v. EatonAppellate Division of the Supreme Court of the State of New York · 2008
- JEM Transportation Corp. v. BlennauNassau County District Court · 2012