The IAS Court properly held that the amended complaint, which substituted one occurrence, a fire taking place in the insured premises on March 30, 1990, for another occurrence, a fire occurring on May 9, 1990, cannot be deemed to relate back to the original complaint pursuant to CPLR 203 (f) (see, Smith v Bessen,
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BERGMAN v. INDEM. INS. CO. OF NORTH AM.
232 A.D.2d 271 (1996)
648 N.Y.S.2d 557
Daniel Bergman, Appellant, v. Indemnity Insurance Company of North America, Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 22, 1996
October 22, 1996
Appellate Division of the Supreme Court of the State of New York, First Department.
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