(DOWNLOAD) "John Trybus v. Nipark Realty Corp. Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free

eBook details

Title: John Trybus v. Nipark Realty Corp. Et Al.
Author : Supreme Court of New York
Release Date : January 13, 1966
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

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In our opinion, plaintiff was in effect seeking to state a new cause of action against appellant, which was barred by the Statute of Limitations (cf. McCabe v. Queensboro Farm Prods., 15 A.D.2d 553; Horan v. Pope & Talbot, 119 F.Supp. 711; Hankinson v. Pennsylvania R. R. Co., 160 F.Supp. 709). We are also of the opinion that the claim sought to be asserted in the proposed amended complaint did not relate back to the date of service of the original complaint, pursuant to CPLR 203 (subd. [e]), since the original pleading did not give notice to appellant ""of the transactions, occurrences, or series of transactions or occurrences, to be proved pursuant to the amended pleading"". Since the Statute of Limitations is a good defense to the proposed amended complaint, no useful purpose would be served in permitting the amendment (cf. Lewis v. Wilson & Co., 275 App. Div. 9, 12).