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MERCEDES GOMEZ v. CITY OF NEW YORK

49 A.D.3d 473 (2008)

855 N.Y.S.2d 60

TERESA MERCEDES GOMEZ, Respondent, v. CITY OF NEW YORK et al., Defendants, and EMPIRE CITY SUBWAY, INC., Appellant.

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

Decided March 27, 2008.

Although the filing of plaintiff's motion for leave to amend the complaint to name Empire as a defendant, along with the proposed amended pleadings, was sufficient to toll the statute of limitations, it was not itself the interposition of the claim within the meaning of CPLR 203 (a) (see Perez v Paramount Communications, 92 N.Y.2d 749, 754-756 [1999]). Because plaintiff never served Empire after having received leave of the court...

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