LIVERPOOL v. ARVERNE HOUSES, INC.


67 N.Y.2d 878 (1986)

Donald Liverpool, as Administrator of The Estate of Annie Liverpool, Deceased, Appellant, v. Arverne Houses, Inc., et al., Defendants, and Herbert Fisch, Respondent.

Court of Appeals of the State of New York.

Decided March 25, 1986.


Attorney(s) appearing for the Case

Lawrence E. Jacobson for appellant.

David P. Franks for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur; Judge MEYER taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

As we recently explained in Duffy v Horton Mem. Hosp. (66 N.Y.2d 473), "[i]t is one thing to permit an amendment to relate back as applied to parties before the court. It is quite another thing to permit an amendment to relate back when a new party is sought to be added by amendment against whom...

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