Howard v. Hachigian

Yesawich, Jr., J.

(dissenting). We view the accident itself as the occurrence or operative transaction from which Royal Howard’s claimed harm emanates. Since the original complaint gave defendants notice, well within the limitations period, that they were being charged with negligently causing that collision, and the inclusion of a cause of action for his own personal injuries will not appreciably enlarge the scope of proof or alter relevant legal consideration of the liability issue, his personal injury cause of action was not time barred (Caffaro v Trayna, 35 NY2d 245, 251; Andrews v…