MASON v. RODOLITZ ORGANIZATION


282 A.D.2d 581 (2001)

722 N.Y.S.2d 905

RANDI MASON, Respondent, v. RODOLITZ ORGANIZATION et al., Defendants and Third-Party Plaintiffs. MELVILLE SNOW CONTRACTORS, INC., Third-Party Defendant-Appellant.

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

Decided April 16, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's cross motion which was for leave to serve a second amended complaint is denied.

After expiration of the applicable Statute of Limitations, the plaintiff moved, inter alia, to amend her complaint to add the third-party defendant as a direct defendant. The Supreme Court erred in granting leave to amend since the proposed cause of action is time...

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