Crawford v City of New York |
2015 NY Slip Op 05267 [129 AD3d 554] |
June 18, 2015 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Barry E. Crawford, Respondent, v City of New York et al., Appellants, et al., Defendants. |
Zachary W. Carter, Corporation Counsel, New York (Devin Slack of counsel), for appellants.
Rubenstein & Rynecki, Brooklyn (Kliopatra Vrontos of counsel), for respondent.
Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered May 27, 2014, which, to the extent appealed from as limited by the briefs, granted plaintiff's cross motion to amend the complaint to add Officer William Phillips, Officer Brian Pinnick and Captain Reginald Patterson as defendants, in place of the John Does, pursuant to the "relation-back" doctrine, unanimously reversed, on the law, without costs, and the cross motion denied. The Clerk is directed to enter judgment in favor of the individual defendants. Appeal from order, same court and Justice, entered December 19, 2014, which, to the extent appealed from as limited by the briefs, denied reargument of the order granting plaintiff's cross motion to amend the complaint, unanimously dismissed, without costs, as taken from a nonappealable order.
The court improvidently granted plaintiff's motion to amend to add the individual
defendants, pursuant to the relation-back doctrine, after the statute of limitations expired.
Plaintiff does not deny that he was aware of the proper identity of these defendants
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