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PINCHBACK v. CITY OF NEW YORK

51 A.D.2d 733 (1976)

Edvinia Pinchback, Appellant, v. City of New York et al., Respondents

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

February 2, 1976

Order affirmed, with $50 costs and disbursements.

An amendment of a complaint to allege a new cause of action may be allowed, even where it would be time-barred standing alone, if the new cause relates back to the facts, circumstances and proof underlying the original complaint (see Caffaro v Trayna, 35 N.Y.2d 245 [where an amendment to allege a cause of action for wrongful death...

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