Wallach v. R&J Construction Corp.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered on or about July 9, 2012, which denied plaintiffs motion to amend the summons and complaint to add Dermot Clinton Green (Dermot) as a party defendant under the relation back doctrine (CPLR 203 [c]), unanimously affirmed, without costs.

Plaintiff failed to demonstrate that proposed defendant Dermot was united in interest with defendant, R&J Construction Corp. Dermot and R&J have different defenses to plaintiffs claims (see Raymond v Melohn Props., Inc., 47 AD3d 504, 505 [1st Dept 2008]). For example, R&J’s potential…