Perez v. Paramount Communications, Inc.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The issue raised on this appeal is whether the filing of a motion for leave to amend the complaint to add a defendant to a pending action can, for Statute of Limitations purposes, be considered the timely commencement of the action as against the party sought to be added when the motion papers include a copy of the proposed supplemental summons and amended complaint.
Plaintiff Carlos Perez alleges that he was injured on November 20, 1990, when he fell from a scaffold while working to renovate Manhattan’s Madison Square Garden. 1 On November 27, 1992, plaintiff…
2Cases cited17 opinions
- Fry v. Village of TarrytownNew York Court of Appeals · 1997
- Gershel v. PorrNew York Court of Appeals · 1996
- City of New York v. Long Island Airports Limousine Service Corp.New York Court of Appeals · 1979
- Blanco v. American Telephone & Telegraph Co.New York Court of Appeals · 1997
- Arnold v. Mayal Realty Co.New York Court of Appeals · 1949
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3Cited by52 opinions
- Frazier v. East Tennessee Baptist Hospital, Inc.Tennessee Supreme Court · 2001
- Jones v. BillNew York Court of Appeals · 2008
- Sangiacomo v. County of AlbanyAppellate Division of the Supreme Court of the State of New York · 2003
- Lodge v. D'AlisoAppellate Division of the Supreme Court of the State of New York · 2003
- Long v. SowandeAppellate Division of the Supreme Court of the State of New York · 2006
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