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MTB BANKING CORP. v. CONSOL. EDISON CO. OF NEW YORK, INC.

197 A.D.2d 479 (1993)

603 N.Y.S.2d 6

MTB Banking Corporation, Formerly Known as Manfra, Tordella & Brookes, Inc., Appellant, v. Consolidated Edison Company of New York, Inc., Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 28, 1993

In this subrogation action, the court properly found that the purported amendment to the ad damnum clause was an attempt by the insurer-subrogee to assert the time-barred claim of the insured, the nominal plaintiff herein. Nor can the claim be deemed to "relate back" (CPLR 203 [f]; see, Brock v Bua, 83 A.D.2d 61, 69) since the parties are not united in interest (see, Connell v Hayden, 83 A.D...

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