Practice point: Pursuant to the statute, a plaintiff may correct a pleading error by adding a new claim or a new party after the expiration of the statutory limitations period. There are three conditions for a claim against a newly named defendant to relate back to a claim against a defendant already named: (1) the claims arise out of the same conduct, transaction, or occurrence; (2) the new party is united in interest with the original defendant; and (3) the new party knew or should have known that, but for a mistake as to the identity of the proper parties, the action would have been brought against it.
Student note: Codifying the relation back doctrine, CPLR 203(f) provides that "[a] claim asserted in an amended pleading is deemed to have been interposed at the time the claims in the original pleading were interposed, unless the original pleading does not give notice of the transactions [or] occurrences . . . to be proved pursuant to the amended pleading."
Ramirez v. Elias-Tejada, NY Slip Op 00021 (1st Dep't January 3, 2019)
Here is the decision.
