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REGINA v. BROADWAY-BRONX MOTEL COMPANY

23 A.D.3d 255 (2005)

804 N.Y.S.2d 305

THELITE REGINA et al., Appellants, v. BROADWAY-BRONX MOTEL COMPANY et al., Respondents.

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

November 17, 2005.

The court properly dismissed the complaint against defendant In-Town Motel Corp. (In-Town) on statute of limitations grounds. Plaintiffs may not rely on the relation back doctrine (Buran v Coupal, 87 N.Y.2d 173, 177 [1995]; CPLR 203 [b]) since they have failed to demonstrate that defendant Broadway-Bronx Motel Company (Broadway) and In-Town were united in interest. "[U]nity of interest will not be found unless there is some relationship...

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