Legal Opinion

Liverpool v. ARVERNE HOUSES, INC.

New York Court of Appeals

Decided March 25, 1986PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

As we recently explained in Duffy v Horton Mem. Hosp. (66 NY2d 473), "[i]t is one thing to permit an amendment to relate back as applied to parties before the court. It is quite another thing to permit an amendment to relate back when a new party is sought to be added by amendment against whom the Statute of Limitations has run” (id., at p 477). Inasmuch as the party sought to be added as a defendant in plaintiffs second amended complaint was a stranger to the litigation prior to the expiration…

2Cases cited1 opinion

  1. Duffy v. Horton Memorial HospitalNew York Court of Appeals · 1985

3Cited by11 opinions

  1. Virelli v. Goodson-Todman Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 1989
  2. C-Kitchens Associates, Inc. v. Travelers Insurance CompaniesAppellate Division of the Supreme Court of the State of New York · 2005
  3. Anderson v. CarneyAppellate Division of the Supreme Court of the State of New York · 1990
  4. Zaveta v. PortelliAppellate Division of the Supreme Court of the State of New York · 1987
  5. Spence v. Bear Stearns & Co.Appellate Division of the Supreme Court of the State of New York · 1999

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