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HIPOLITO R. FIGUEROA, Respondent, v. PORT MORRIS TILE TERRAZO CORPORATION et al., Appellants, et al., Defendants. PORT MORRIS TILE TERRAZO CORPORATION, Third-Party Plaintiff-Appellant,

The motion court properly concluded that the doctrine of relation back allowed amendment of the pleadings to add Port Morris Marble as an additional defendant since Port Morris Marble is "united in interest" with defendant 1370 Broadway Associates (CPLR 203 [b], Buran v. Coupal, 87 N.Y.2d 173). However, since the record reveals that Port Morris Tile had nothing to do with the construction project at issue and, accordingly, that it was mistakenly named as a defendant, the complaint and all cross claims against it should have been dismissed.

Concur — Milonas, J. P., Williams, Mazzarelli and Andrias, JJ.

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FIGUEROA v. PORT MORRIS TILE TERRAZO CORP
(Feb 26, 1998)