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BOSSUNG v. REBACO REALTY HOLDING CO., N.V.

8442N. 162142/15.

169 A.D.3d 538 (2019)

92 N.Y.S.3d 636

2019 NY Slip Op 01188

Brett Bossung et al., Appellants, v. Rebaco Realty Holding Company, N.V., et al., Respondents.

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

Decided February 19, 2019.

Although plaintiffs sought leave to amend the complaint before the applicable statute of limitations had expired, their motion did not toll the statute, because they failed to annex the supplemental summons to their papers (see Karagiannis v North Shore Long Is. Jewish Health Sys., Inc., 80 A.D.3d 569, 569 [2d Dept 2011]). Nor did plaintiffs establish that their proposed amended complaint relates back to the date of service of the...

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