Deputron v. A & J Tours, Inc.
Opinion of the Court
In an action to recover damages for personal injuries, the third-party defendant ABC Companies appeals from an order of the Supreme Court, Queens County (McDonald, J.), dated December 7, 2010, which granted the plaintiffs motion pursuant to CPLR 3025 for leave to amend the complaint to add it as a defendant in the main action, and directed the plaintiff to serve an amended summons and complaint upon it.
Ordered that the order is affirmed, with costs.
The plaintiff allegedly was injured while disembarking from a bus, when she tripped and fell on a metal bar raised above the lowest step. The bus was distributed or manufactured by the third-party defendant ABC Companies (hereinafter ABC). About 10 months after the statute of limitations expired (see CPLR 214), the plaintiff moved for leave to amend her complaint to add ABC as a defendant in the main action, which she had commenced against the operator of the bus.
Since the applicable three-year statute of limitations (see CPLR 214) expired prior to the plaintiffs motion, the plaintiff was required to demonstrate the applicability of the relation-back doctrine permitting the amended complaint to relate back to the third-party complaint (see CPLR 203 [f]; Buran v Coupal, 87 NY2d 173, 178 [1995]; Duffy v Horton Mem. Hosp., 66 NY2d 473, 477-478 [1985]). Here, the third-party complaint insofar as
Case-law data current through December 31, 2025. Source: CourtListener bulk data.