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MATTER OF DAVIS v. SHAYNE-LEVY ASSOCS., INC.

197 A.D.2d 491 (1993)

602 N.Y.S.2d 869

In the Matter of Seymour Davis, Respondent. Shayne-Levy Associates, Inc., Appellant. Seymour Davis, as a Shareholder and in the Right of Shayne-Levy Associates, Inc., Respondent, v. Shayne-Levy Associates et al., Ppellants

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

October 28, 1993

Defendant Levy argues that plaintiff has not satisfied the third prong of the relation back rule (CPLR 203 [b]), joinder of a new party after the Statute of Limitations has run, namely, that "the new party knew or should have known that, but for an excusable mistake by the plaintiff in originally failing to identify all the proper parties, the action would have been brought against the additional party united in interest as well...

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