390 WEST END ASSOCIATES v. NELLIGAN


35 A.D.3d 306 (2006)

827 N.Y.S.2d 128

390 WEST END ASSOCIATES, Respondent, v. PATRICIA NELLIGAN et al., Appellants.

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

Decided December 28, 2006.


The court properly applied CPLR 203 (f) in determining that defendants' counterclaims, asserted in their 2002 answer, do not relate back to the 1991 complaint. Defendants' 2002 answer was in effect an amended answer. Pursuant to stipulation and agreement in 1991, tenants appeared in the action, interposed a general denial to the complaint and conceded that issue had been joined. The court properly concluded that defendants are not entitled to application of the relation-back...

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