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Ortega v. N.Y.C. Tr. Auth.

Relation-Back Doctrine Allows Amendment of Complaint to Add Claims, Not Time-Barred

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Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion:Papers NumberedPlaintiff’s Notice of Motion with Accompanying Affidavits and Exhibits            1Defendants’ Affirmation in Opposition to Plaintiff’s Motion to Amend Complaint              2Plaintiff’s Affirmation in Reply            3DECISION/ORDER

*1 This case raises the issue of whether, pursuant to CPLR §203(f), a claim asserted in an amended complaint is deemed to have been interposed at the time the claims in the original complaint were interposed, when the notice of claim contained the proposed amended claim. It also raises the issue of whether a plaintiff, who fell into the subway tracks, may amend his complaint to include claims that the New York City Transit Authority (“TA”) was negligent in failing to install safety technology in the subway system and barriers on the subway platform, when the notice of claim included the general claim of negligent design of the platform but did not include the specifics set forth above.Plaintiff Aglisberto Ortega (“plaintiff” or “Ortega”) moves for an order, pursuant to CPLR §3025(b), for leave to file an amended summons and complaint. On January 4, 2015, plaintiff fell into the subway track bed from the platform at the Lorimer Street station and was hit by an oncoming “J” train operated by Randy Nicoletti (“Nicoletti”). In the hours before plaintiff fell, he had consumed three glasses of whiskey.On March 30, 2015, plaintiff served a timely notice of claim on defendants, TA, Metropolitan Transit Authority (“MTA”) and Nicoletti (collectively referred to as “defendants”), alleging, inter alia, negligence in the ownership, management, operation, maintenance, and control (hereinafter cumulatively referred to as “maintenance and control”) of the train and subway station and platform, and failure to properly design the platform.

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