ROBERTS v. LIBERTY LINES TR., INC.

20424/13E. Appeal No. 12175N. Case No. 2019-4790N.

187 A.D.3d 617 (2020)

131 N.Y.S.3d 130

2020 NY Slip Op 06033

Darrell W. Roberts, Respondent, v. Liberty Lines Transit, Inc., Appellant, et al., Defendant.

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

Decided October 22, 2020.


The motion court providently exercised its discretion in permitting plaintiff to amend his complaint to add an otherwise untimely cause of action for negligent hiring, because the facts underlying the amendment (i.e., that the decedent was a Liberty Lines employee acting in the course of his employment when he struck plaintiff with the bus's mirror) were known to Liberty Lines when the original complaint was filed, and plaintiff seeks only to add a new theory of liability...

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