RODRIGUEZ v. PALANGE


295 A.D.2d 155 (2002)

743 N.Y.S.2d 274

FELICIA RODRIGUEZ, Respondent, v. PAUL PALANGE, Appellant, et al., Defendants.

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

Decided June 11, 2002.


Appellant's reliance upon the relation back doctrine to avoid the bar posed to his proposed counterclaims by the statute of limitations was improper, as found by the motion court. Appellant's prior pleadings did not place plaintiff on notice that he would claim that her conduct was harmful to him and would be at issue in this matter. The affirmative defenses contained in defendant's prior pleadings alleged instead only that plaintiff was herself responsible for her own injuries...

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