The relation-back doctrine, and leave to amend.

Practice point:  The Appellate Division affirmed and determined that the proposed cause of action to recover damages for wrongful termination of employment, which was otherwise time-barred, did not relate back to the original complaint, pursuant to CPLR 203[f]. The relation-back doctrine lets a plaintiff interpose a claim or cause of action, which would otherwise be time-barred, where the allegations of the original complaint gave notice of the transactions or occurrences to be proven, and the cause of action would have been timely interposed if asserted in the original complaint.

The doctrine does not apply where, as here, causes of action sought to be added are based on events that occurred after the filing of the initial pleading, rather than upon the transactions giving rise to the causes of action in the initial pleading. In this  action, the original complaint could not have provided notice that the plaintiff's employment was terminated, since as the termination occurred subsequent to the commencement of the instant action. The fact that the defendants had actual notice of the termination was insufficient to invoke the relation-back doctrine, as the requisite notice must be provided in the original pleading itself.

Student note:  Leave to amend a pleading, pursuant to CPLR 3025[b], will be granted if the amendment is not palpably insufficient, does not prejudice or surprise the opposing party, and is not patently devoid of merit.

Case:  Cooper v. Sleepy's LLC, NY Slip Op 01776 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  An improper wrestling move, and the resulting claim of negligent supervision.