SEELER v. AMA CONSULTING ENGRS., P.C.

Index No. 157106/16. Appeal No. 12821. Case No. 2019-5075.

190 A.D.3d 508 (2021)

135 N.Y.S.3d 654

2021 NY Slip Op 00135

Marc Seeler, Appellant, v. AMA Consulting Engineers, P.C., et al., Defendants, and AMA Development Infrastructure, LLC, Respondent.

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

Decided January 12, 2021.


Attorney(s) appearing for the Case

Nicoletti Gonson Spinner Ryan Gulino Pinter LLP, New York ( Carol Ann Weinman of counsel), for appellant.

Law Office of George P. Gambeski, Elmsford ( Won J. Sohng of counsel), for respondent.

Concur—Renwick, J.P., Kern, Mazzarelli, Kennedy, Shulman, JJ.


The motion court correctly found that defendant AMADI and defendant AMA Consulting Engineers (AMACE) were not united in interest for purposes of the relation back doctrine (see Buran v Coupal, 87 N.Y.2d 173, 177 [1995]). While the two may have shared office space, and possibly a principal, they maintained separate employee rolls and tax identification numbers. AMADI was the general contractor on a project at which plaintiff was allegedly...

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