38 Cited authorities

Krupski v. Costa Crociere S. P. A.
560 U.S. 538 (2010) Cited 1,262 times 2 Legal Analyses
Holding claim relates back where plaintiff misunderstood which entity was in charge of ship that allegedly caused injury
Alvarez v. Prospect Hosp
68 N.Y.2d 320 (N.Y. 1986) Cited 21,149 times 8 Legal Analyses
Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
Zuckerman v. City of N.Y.
49 N.Y.2d 557 (N.Y. 1980) Cited 24,777 times 9 Legal Analyses
Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."
United States v. Orleans
425 U.S. 807 (1976) Cited 1,241 times 1 Legal Analyses
Holding that a community action agency did not act as a federal agent or instrumentality for purposes of the FTCA even though the agency was organized under federal regulations and was heavily funded by the federal government
Schiavone v. Fortune
477 U.S. 21 (1986) Cited 754 times
Holding that in order to relate back "the basic claim must have arisen out of the conduct set forth in the original pleading"
Andre v. Pomeroy
35 N.Y.2d 361 (N.Y. 1974) Cited 3,173 times
Granting summary judgment to plaintiff in case in which defendant admitted that while driving in heavy traffic she took her eyes off the road to look for something in her purse and drove into the car in front of her
Buran v. Coupal
87 N.Y.2d 173 (N.Y. 1995) Cited 649 times 2 Legal Analyses
Holding that the mistake need not be excusable
Santana v. Thruway Auth
92 Misc. 2d 1 (N.Y. Ct. Cl. 1977) Cited 700 times
In Matter of Santana v New York State Thruway Auth. (92 Misc.2d 1), it was stated that in order for a claim to appear to be meritorious, it must not be patently groundless, frivolous or legally defective, and the court must find upon a consideration of the entire record that there is reasonable cause to believe that a valid cause of action exists.
Joseph v. Elan Motorsports Technologies Racing Corp.
638 F.3d 555 (7th Cir. 2011) Cited 173 times
Holding that the nature of the contractual relationships issue put unnamed, but related, corporate defendant on notice that it would have been named as a defendant but for the plaintiff's mistake
Valdez v. U.S.
518 F.3d 173 (2d Cir. 2008) Cited 107 times
Holding that FTCA claim accrued no later than the date legal advice was sought but remanding for further proceedings "because the record is silent with respect to the circumstances that led [the infant's mother] to seek legal assistance"
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,200 times 91 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

John W. Grace, Respondent,v.Michael R. Law, et al., Appellants.

38 Cited authorities

Holding claim relates back where plaintiff misunderstood which entity was in charge of ship that allegedly caused injury

Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."

Holding that a community action agency did not act as a federal agent or instrumentality for purposes of the FTCA even though the agency was organized under federal regulations and was heavily funded by the federal government

Holding that in order to relate back "the basic claim must have arisen out of the conduct set forth in the original pleading"

Granting summary judgment to plaintiff in case in which defendant admitted that while driving in heavy traffic she took her eyes off the road to look for something in her purse and drove into the car in front of her

Holding that the mistake need not be excusable

Holding that the nature of the contractual relationships issue put unnamed, but related, corporate defendant on notice that it would have been named as a defendant but for the plaintiff's mistake

Holding that FTCA claim accrued no later than the date legal advice was sought but remanding for further proceedings "because the record is silent with respect to the circumstances that led [the infant's mother] to seek legal assistance"

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