New York Court of Appeals

Carlos Perez, Respondent v. Paramount Communications, Inc., Defendants, and Madison Square Garden, L.P., as…

February 18, 199992 N.Y.2d 749

Summary

The New York Court of Appeals held that filing a motion for leave to amend a complaint, accompanied by a proposed supplemental summons and amended complaint, tolls the statute of limitations for the added defendant until the court grants leave. Accordingly, the plaintiff’s action against Madison Square Garden, L.P. was timely, and the Appellate Division’s order was affirmed.