NEEDED TO GET COURT’S PERMISSION OR ALL PARTIES HAD TO AGREE
After filing a complaint, in Suffolk County Supreme Court, against two defendants alleging breach of a commercial lease agreement, the parties stipulated to extend the plaintiff’s time to file an amended complaint.
When he later interposed an amendment which added five additional defendants to the case, the latter moved to dismiss claiming noncompliance with the requirements of a New York State law [CPLR 1003]. After the motion court granted that dismissal request, the plaintiff appealed.
While parties may be added to litigation “at any stage,” when not permitted “as of right,” that maneuver may only be effected “by leave of court or by stipulation of all parties.” Since the time to amend the pleading as of right had expired, and plaintiff hadn’t complied with the governing procedural prerequisite, the Appellate Division, Second Department, was of the view that omission rendered the amended complaint a “legal nullity,” which justified its dismissal as against those new parties.
There was clearly no amending that.
# # #
DECISION