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KAMERAJ v. JOSEPH

4341, 308670/08.

81 A.D.3d 556 (2011)

917 N.Y.S.2d 561

ARSIM KAMERAJ, Appellant, v. HAIM JOSEPH, Respondent.

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

Decided February 22, 2011.

It is undisputed that plaintiff served the summons and complaint on defendant after the applicable three-year statute of limitations had expired (see CPLR 214 [5]). The motion court correctly found that, for purposes of the relation-back doctrine, defendant was not united in interest with the timely sued corporation because defendant could raise the defense that he is not personally liable for the corporate party's conduct...

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