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PEREZ v. PARAMOUNT

92 N.Y.2d 749 (1999)

709 N.E.2d 83

686 N.Y.S.2d 342

Carlos Perez, Respondent, v. Paramount Communications, Inc., et al., Defendants, and Madison Square Garden, L.P., as Successor to Madison Square Garden Center, Inc., Appellant.

Court of Appeals of the State of New York.

Decided February 18, 1999.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P. C., New York City (Harold M. Weidenfeld, Herbert Rubin, David B. Hamm and Linda M. Brown of counsel), for appellant.

Profeta & Eisenstein, New York City (Fred R. Profeta, Jr., of counsel), and Isaacson, Schiowitz, Korson & Solny for respondent.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

SMITH, J.

The issue raised on this appeal is whether the filing of a motion for leave to amend the complaint to add a defendant to a pending action can, for Statute of Limitations purposes, be considered the timely commencement of the action as against the party sought to be added when the motion papers include a copy of the proposed supplemental summons and amended complaint.

Plaintiff Carlos Perez alleges...

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