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DOOLEY v. BACARDI IMPS., INC.

98 A.D.2d 993 (1983)

Mary L. Dooley, Appellant, v. Bacardi Imports, Inc., Respondent, et al., Defendants. (And a Third-Party Action.)

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

December 16, 1983

Order unanimously reversed, without costs, and motion granted.

Memorandum:

Special Term erred in denying plaintiff leave to supplement her complaint to seek punitive damages and to compel defendant Bacardi Imports, Inc., to accept its service. The application is timely under the "relation back" doctrine (CPLR 203, subd [e]; Caffaro v Trayna, 35 N.Y.2d 245; Gardner v Fyr-Fyter Co., 55 A.D.2d...

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