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17 EAST 96TH OWNERS CORP. v. MADISON 96TH ASSOCIATES, LLC

60 A.D.3d 480 (2009)

875 N.Y.S.2d 37

17 EAST 96TH OWNERS CORP., Appellant, v. MADISON 96TH ASSOCIATES, LLC, Respondent. (And a Third-Party Action.) MADISON 96TH ASSOCIATES, LLC, Second Third-Party Plaintiff, v. MARSON CONTRACTING CO., INC., Second Third-Party Defendant-Respondent. (And a Third Third-Party Action.)

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

Decided March 12, 2009.

The motion to amend should have been granted as plaintiff satisfied the three prongs of the relation-back doctrine (see Buran v Coupal, 87 N.Y.2d 173, 178 [1995]). The allegations set forth in the first amended complaint and the proposed second amended complaint are virtually identical except that the latter pleading also makes reference to a certain land survey that found that the foundation of defendant's new condominium building...

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