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BURAN v. COUPAL

87 N.Y.2d 173 (1995)

661 N.E.2d 978

638 N.Y.S.2d 405

Robert T. Buran et al., Respondents, v. John Coupal, Appellant. (Action No. 1.) Robert T. Buran et al., Respondents, v. Janet Coupal, Appellant. (Action No. 2.)

Court of Appeals of the State of New York.

Decided December 21, 1995.

Attorney(s) appearing for the Case

J. Byron O'Connell, Plattsburgh, for appellants in the two above-entitled actions.

Saxer Anderson Wolinsky & Sunshine, P. C. (David C. Buran, of the Vermont Bar, admitted pro hac vice, of counsel), for respondents in the two above-entitled actions.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Chief Judge KAYE.

This case calls upon us to address a doctrine which "continues to bedevil the courts" (McLaughlin, 1990 Supplementary Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C203:3, 1995 Cum Ann Pocket Part, at 28). Under what circumstances does an amended complaint adding a new defendant, united in interest with the original defendant, relate...

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