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The Second Department Applies the Relation-Back Doctrine to Add a Party to a Foreclosure Action More than a Decade after Commencement of Same
Today’s BLOG deals with the “Relation-Back Doctrine” (the “Doctrine”)[1], which, inter alia, “allows a claim asserted against a defendant in an amended filing to relate back to claims previously asserted against a codefendant for Statute of Limitations purposes where the two defendants are “‘united in interest.’”

Jonathan Freiberger
1 hour ago5 min read


The Relation-Back Doctrine Under CPLR 203(c) and (f)
It is well-settled that leave to amend a pleading is to be freely granted. Leave may be denied, however, if the proposed amendment is palpably insufficient or patently devoid of merit, or if it would cause undue prejudice to a party. Amendments that seek to add a time-barred claim or party will be found to be patently devoid of merit, unless the untimeliness can be saved by application of the relation-back doctrine.

Jeffrey Haber
Jul 31, 202410 min read
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