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WALLACH v. R&J CONSTR. CORP.

15185N, 109547/09

128 A.D.3d 566 (2015)

10 N.Y.S.3d 48

2015 NY Slip Op 04390

NANCY WALLACH, Appellant, v. R&J CONSTRUCTION CORP., Respondent.

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

Decided May 21, 2015.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered on or about July 9, 2012, which denied plaintiff's motion to amend the summons and complaint to add Dermot Clinton Green (Dermot) as a party defendant under the relation back doctrine (CPLR 203 [c]), unanimously affirmed, without costs.

Plaintiff failed to demonstrate that proposed defendant Dermot was united in interest with defendant, R&J Construction Corp. Dermot and R&J have different...

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