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DIAZ v. CITY OF NEW YORK

6214N 301016/10.

160 A.D.3d 457 (2018)

75 N.Y.S.3d 3

2018 NY Slip Op 02419

Migdalia Diaz, as Administratrix of the Estate of Felix Colon, Deceased, Respondent, v. City of New York et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 5, 2018.

The motion court erred in granting plaintiff leave to amend her complaint and substitute the officers' names under the relation back doctrine, because the officers are not "united in interest" with the City of New York, the original defendant (see Thomas v City of New York, 154 A.D.3d 417 [1st Dept 2017]; Higgins v City of New York, 144 A.D.3d 511 [1st Dept 2016]). Moreover, plaintiff failed...

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