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MATTER OF GILBERT v. PERINE

52 A.D.3d 240 (2008)

859 N.Y.S.2d 166

In the Matter of ORMOND GILBERT, Respondent, v. JERILYN PERINE, as Commissioner of the New York City Department of Housing Preservation and Development, et al., Appellants, et al., Respondent.

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

Decided June 5, 2008.

The Supreme Court erred in invoking the "relation back" doctrine to join Rosedale Gardens, Inc. as a necessary party respondent after the expiration of the applicable limitations period since petitioner's failure to name Rosedale Gardens in his original complaint was due to a mistake of law and not of fact (see Matter of 27th St. Block Assn. v Dormitory Auth. of State of N.Y., 302 A.D.2d 155, 165 [2002]; see also Buran v Coupal...

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