Guess Who's Back? Recent Application of the Relation Back Doctrine Under New York Law

New York Law Journal

Lara A. Flath Gaby Colvin Jacob M. Fargo

Partner Lara Flath, associate Jacob Fargo and law clerk Gaby Colvin discuss the New York Court of Appeals’ recent ruling in Nemeth v. K-Tooling, which makes clear that an acceptable omission of a party in an initial pleading can be the result of a mistake of law in addition to a mistake of fact. The decision moves the relation back doctrine under New York law closer to the tenets of Rule 15(c) of the Federal Rules of Civil Procedure.