Davis v. Shayne-Levy Associates, Inc.

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered on September 30, 1992, which, insofar as appealed from, granted plaintiffs motion to compel production of documents, and denied defendant Levy’s cross-motion to dismiss the action as against him as time-barred, unanimously affirmed, with costs.

*492Defendant Levy argues that plaintiff has not satisfied the third prong of the relation back rule (CPLR 203 [b]), joinder of a new party after the Statute of Limitations has run, namely, that "the new party knew or should have known that, but for an excusable mistake by the plaintiff…