N.Y. Panel Allows Late Claim Against Developer

BUFFALO, N.Y. - A New York appellate court has affirmed a decision allowing homeowners to amend their complaint to add the builder's project manager as a defendant, saying the amendment was permissible under the relation-back doctrine. Goldstein, et ux. v. Brookwood Building Corp., et al., No. 717 CA 10-00121 (N.Y. Sup. Ct., App. Div., 4th Dept.).

The New York Supreme Court Appellate Division, Fourth Department, said June 11 that the trial court properly denied Spall Realty Corp.'s motion for summary judgment because plaintiffs met their burden of showing that the omission was a mistake and that the doctrine applied.

Spall …