PADUA v. FALOW


230 A.D.2d 834 (1996)

646 N.Y.S.2d 559

Angel Padua, Plaintiff, v. William Falow, Appellant, and David Zuckerman, et al., Respondents

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

August 19, 1996


Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant's cross claims asserted against the defendants David Zuckerman and Zuckerman & Cruz were barred by the applicable Statute of Limitations (see, CPLR 215). Contrary to the appellant's contentions, his cross claims asserted in his amended answer do not "relate back" to the original answer. CPLR 203 (f) provides as follows: "A claim asserted in an amended pleading is deemed...

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