| Jenkins & Gilchrist Parker Chapin, LLP v Bamira |
| 2005 NY Slip Op 52164(U) [10 Misc 3d 138(A)] |
| Decided on December 30, 2005 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court, New York County (Arthur F. Engeron, J.), dated June 30, 2005, which granted defendant's motion to amend the caption.
PER CURIAM
Order (Arthur F. Engoron, J.), dated June 30, 2005, modified to add the firm of Jenkins & Gilchrist Parker Chapin, LLP (J&GPC) as a counterclaim defendant, and as modified, affirmed, with $10 costs.
The claims asserted against both the new and prior counterclaim defendants arose out of the same conduct, transaction or occurrence, and the counterclaim defendants are "united in interest" such that the new counterclaim defendant can be charged with notice of the action's commencement without being prejudiced in maintaining its defense on the merits (see Marvin Neiman, P.C. v Adar Importing & Distributing Co., Inc., 243 AD2d 408 [1997]). J&GPC was concededly on notice of the asserted claims, and would not be prejudiced by its addition as a counterclaim defendant. Accordingly, we sustain the Civil Court order only to the extent of allowing defendant to add J&GPC as a counterclaim defendant. We reach no other issue.
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: December 30, 2005