Rodriguez v. Palange

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered October 11, 2001, which denied appellant’s motion for leave to serve an amended answer with counterclaims, unanimously affirmed, without costs.

Appellant’s reliance upon the relation back doctrine to avoid the bar posed to his proposed counterclaims by the statute of limitations was improper, as found by the motion court. Appellant’s prior pleadings did not place plaintiff on notice that he would claim that her conduct was harmful to him and would be at issue in this matter. The affirmative defenses contained in defendant’s prior…