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Relation-Back Doctrine (Allowing Service of an Otherwise Time-Barred Amended Complaint) Explained

The Second Department determined the relation-back doctrine was properly applied to a second amended complaint which otherwise would have been time-barred. The court noted that the mistake in naming the correct party need not be excusable:

A party seeking the benefit of the relation-back doctrine must establish that (1) both claims arose out of the same conduct, transaction, or occurrence, (2) the new party is united in interest with the original defendant, and by reason of that relationship, can be charged with notice of the institution of the action and will not be prejudiced in maintaining his or her defense on the merits by virtue of the delayed assertion of those claims against him or her, and (3) the new party knew or should have known that, but for a mistake by the plaintiff as to the identity of the proper parties, the action would have been timely commenced against the new party … . The mistake need not be excusable for the relation-back doctrine to apply … . Castagna v Almaghrabi, 2014 NY Slip Op 03223, 2nd Dept 5-7-14

 

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