Regina v. Broadway-Bronx Motel Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered April 27, 2004, which granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The court properly dismissed the complaint against defendant In-Town Motel Corp. (In-Town) on statute of limitations grounds. Plaintiffs may not rely on the relation back doctrine (Buran v Coupal, 87 NY2d 173, 177 [1995]; CPLR 203 [b]) since they have failed to demonstrate that defendant Broadway-Bronx Motel Company (Broadway) and In-Town were united in interest. “[U]nity of interest will not be…
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