Kameraj v Joseph

Kameraj v Joseph 2011 NY Slip Op 01351 Decided on February 22, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 22, 2011
Tom, J.P., Sweeny, Acosta, Renwick, Manzanet-Daniels, JJ.
4341 308670/08

[*1]Arsim Kameraj, Plaintiff-Appellant,

v

Haim Joseph, Defendant-Respondent.




M. Douglas Haywoode, Brooklyn, for appellant.
Marshall, Conway, Wright & Bradley, P.C., New York (Lauren
Turkel of counsel), for respondent.

Order, Supreme Court, Bronx County (Cynthia S. Kern, J.), entered June 2, 2009, which, in an action for personal injuries, granted defendant's motion to dismiss the complaint as barred by the statute of limitations, unanimously affirmed, without costs.

It is undisputed that plaintiff served the summons and complaint on defendant after the applicable three-year statute of limitations had expired (see CPLR 214[5]). The motion court correctly found that, for purposes of the relation-back doctrine, defendant was not united in interest with the timely sued corporation because defendant could raise the defense that he is not personally liable for the corporate party's conduct (see Raymond v Melohn Props., Inc., 47 AD3d 504 [2008]).

We have considered plaintiff's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 22, 2011

CLERK