MAHAN v. ECKERT FUELS, INC.


24 A.D.2d 922 (1965)

Sandy Mahan, by Thomas G. Mahan, His Guardian ad Litem, et al., Respondents, v. Eckert Fuels, Inc., et al., Defendants, and Eckert Enterprises, Ltd., Appellant

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

November 23, 1965


MEMORANDUM BY THE COURT.

Plaintiff sought to bring in the additional defendants by so-called supplemental summons and supplemental complaint, after the Statute of Limitations had run and prior to the effective date of CPLR 203 (subd. [e]) upon which respondent relies. The cause of action as against appellant was barred under CPLR 218 (subd. [a]) in any event and, further, as to it the complaint was not an "amended complaint" within the meaning of either sections 244...

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