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COMICE v. JUSTIN'S RESTAURANT

2010-00435.

78 A.D.3d 641 (2010)

909 N.Y.S.2d 670

CASTAN COMICE, Appellant, v. JUSTIN'S RESTAURANT et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 3, 2010.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied that branch of the plaintiff's motion which was pursuant to CPLR 1003 for leave to amend the summons and complaint to add Andre Suite as a defendant. The statute of limitations expired and the plaintiff failed to demonstrate that the relation-back doctrine was applicable (see CPLR 203 [f]; Buran v Coupal, 87 N.Y.2d 173 [1995]). In...

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