Aprea v. City of New York

The third-party defendant moves to strike out plaintiffs’ amended complaint on the ground that it was not timely served. The plaintiffs cross-move for an order nunc pro tunc granting leave to serve an amended complaint or, in the alternative, for an order granting such leave pursuant to section 193-a of the Civil Practice Act.

In the original complaint the City of New York was the only defendant named in the action. The city impleaded the third-party defendants and issue was joined between them on September 12,1957. On December 12,1957 plaintiffs served an amended complaint naming not only the…