Legal Opinion
T.R. America Chemicals, Inc. v. Seaboard Surety Co.
New York Supreme Court
Decided July 14, 1982PublishedCited by 4 opinions
1Opinion of the Court
opinion of the court
Bentley Kassal, J.1
issue
This is a motion of apparent first impression, raising a unique issue concerning application of the doctrine of “relation back” contained in CPLR 203 (subd [e]). Third-party defendant, Fullan, appearing pro se, moves to interpose an amended third-party answer to assert causes of action sounding in defamation against the plaintiff. The *875motion, brought more than two and a half years after commencement of both the main action and the third-party action, is made well beyond the one-year Statute of Limitations applicable to actions for defamation (CPLR…
2Cases cited32 opinions
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
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3Cited by4 opinions
- Republic Insurance v. Real Development Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Muntner v. LaneAppellate Division of the Supreme Court of the State of New York · 1986
- Townside Furniture & Decorators, Inc. v. Best Lumber & Millwork Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Rodriguez v. Scovill, Inc.New York Supreme Court · 1997