Cucuzza v. Vaccaro

Brown, J. (dissenting).

Although I am not unsympathetic with the result reached by the majority in its analysis of CPLR 203 (e), I must respectfully dissent on the ground that this court has consistently held that that provision of the statute does not permit a relation back of the date of interposition of a claim asserted in the amended pleading to the date that a third-party complaint was served (Allstate Ins. Co. v EMSCO Homes, 93 AD2d 874; Trybus v Nipark Realty Corp., 26 AD2d 563). It is true, as has been previously acknowledged by this court (see, Brock v Bua, 83 AD2d 61, 65, n), that…