Rinzler v. Jafco Associates
Cases that cite this one
11 later published cases cite this decision.
- Associated Geriatric Information Network, Inc. v. Split Rock Multi-Care Center (Appellate Division of the Supreme Court of New York 2013)
- Associated Geriatric Information Network, Inc. v. Split Rock Multi-Care Center (Appellate Division of the Supreme Court of New York 2013)
- Nossov v. Hunter Mtn. (Appellate Division of the Supreme Court of New York 2020)
- New Foundation, LLC v. Ademi (Appellate Division of the Supreme Court of New York 2016)
- Pepenella v. Brumar Day Spa Corp. (Appellate Division of the Supreme Court of New York 2016)
- Tokhmakhova v. H.S. Bros. II Corp. (Appellate Division of the Supreme Court of New York 2015)
- Suero-Sosa v. Cardona (Appellate Division of the Supreme Court of New York 2013)
- Suero-Sosa v. Cardona (Appellate Division of the Supreme Court of New York 2013)
- Rampersaud v. Metropolitan Transportation Authority (Appellate Division of the Supreme Court of New York 2010)
- Smith v. Giuffre Hyundai, Ltd. (Appellate Division of the Supreme Court of New York 2009)
- Demant v. Town of Oyster Bay (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Ordered that the order is affirmed insofar as appealed from, with costs.
This action arises from an accident on January 13, 2001, when the plaintiff allegedly slipped and fell on an accumulation of snow and ice on premises located in West Islip. She filed a summons and complaint on January 12, 2004, incorrectly naming Jafco Associates (true name Jafco Associates, LLC, hereinafter Jafco) as the sole defendant. Jafco answered denying that it owned, operated, managed, or controlled the subject premises.
The plaintiff filed an amended summons and complaint on February 25, 2004, naming as defendants Jafco and Fairfield Realty Corp. (hereinafter Fairfield), the true owner of the premises. Before answering, Fairfield moved to dismiss the amended complaint insofar as asserted against it as time-barred. The plaintiff cross-moved to extend her time to effect service on Fairfield without specifying which summons and complaint she sought the extension for, to correct a mistake in the summons and complaint, or for leave to amend the summons and complaint to add Fairfield. In a separate motion Jafco moved, inter alia, for summary judgment dismissing the amended complaint insofar as asserted against it. The Supreme Court granted the motions of Fairfield and Jafco and denied all branches of relief sought by the plaintiff in her cross motion. We affirm.
Jafco established its prima facie entitlement to judgment as a matter of law through the submission of a deed indicating that the subject premises were owned by Fairfield (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). In opposition, the plaintiff failed to raise a triable issue of fact (see Zuckerman v City of New York, supra); she merely invoked her right to discovery (see CPLR 3212 [f]). Under the circumstances of this case, the plaintiffs mere hope that she might be able to uncover some evidence during discovery establishing liability on the part of Jafco was insufficient to deny summary judgment to Jafco (see Kershis v City of New York, 303 AD2d 643 [2003]).
Finally, there was no evidence in the record that the two defendants were “united in interest.” Thus, the plaintiff could not invoke the “relation back” doctrine under CPLR 203 (b) (see Mondello v New York Blood Ctr.—Greater N.Y. Blood Program, 80 NY2d 219, 226 [1992]; Desiderio v Rubin, 234 AD2d 581, 583 [1996]). H. Miller, J.P., Goldstein, Crane and Skelos, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.