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FIGUEROA v. PORT MORRIS TILE & TERRAZO CORP.

247 A.D.2d 346 (1998)

669 N.Y.S.2d 214

Hipolito R. Figueroa, Respondent, v. Port Morris Tile & Terrazo Corporation et al., Appellants, et al., Defendants Port Morris Tile & Terrazo Corporation, Third-Party Plaintiff-Appellant, v. Mineros Enterprises, Inc., et al., Third-Party Defendants 1370 Broadway Associates, Fourth-Party Plaintiff, v. Port Morris Marble & Metal Restoration & Maintenance Corp., Fourth-Party Defendant-Appellant

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

February 26, 1998

The motion court properly concluded that the doctrine of relation back allowed amendment of the pleadings to add Port Morris Marble as an additional defendant since Port Morris Marble is "united in interest" with defendant 1370 Broadway Associates (CPLR 203 [b]; Buran v Coupal, 87 N.Y.2d 173). However, since the record reveals that Port Morris Tile had nothing to do with the construction project at issue and, accordingly, that it...

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