Appellate Division of the Supreme Court of New York, 1965

Mahan v. Eckert Fuels, Inc.

Mahan v. Eckert Fuels, Inc.
Appellate Division of the Supreme Court of New York · Decided November 23, 1965
24 A.D.2d 922; 264 N.Y.S.2d 520; 1965 N.Y. App. Div. LEXIS 2969
Mahan v. Eckert Fuels, Inc.

Opinion of the Court

Memorandum by the Court.

Plaintiff sought to bring in the additional defendants by so-called supplemental summons and supplemental complaint, after the Statute of Limitations had run and prior to the effective date of CPLR 203 (subd. [e]) upon which respondent relies. The cause of action as against appellant was barred under CPLR 218 (subd. [a]) in any event and, further, as to it the complaint was not an amended complaint ” within the meaning of either sections 244, 245 of the Civil Practice Act or CPLR 3025. Judgment reversed, on the law and the facts, and complaint dismissed, without costs. Gibson, P. J., Reynolds, Taylor, Aulisi and Hamm, J J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.