Holding that the affidavit of merit statute's purpose was best implemented by allowing the 120 day time period to begin to run from the date that the defendant's answer to the final amended complaint was filed
Finding that district court had diversity jurisdiction because, though original complaint did not specify a sufficient amount in controversy, the amended complaint did, and "[w]hen a petition is amended by leave of the court the cause proceeds on the amended petition."
Fed. R. Civ. P. 15 Cited 95,474 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint