Mendrzycki v. Cricchio

In Mendrzycki v. Cricchio, 58 AD 3d 171 [2d Dept 2008] a medical malpractice action ruled upon by the Appellate Division, Second Department, an original complaint was amended when a new party was added to the caption and a new cause of action was asserted. On appeal, the defendants were granted dismissal on grounds of the statute of limitations. (CPLR 3211 (a) (5); Mendrzycki v. Cricchio, 58 AD 3d at 177.) There, the defendant asserted an affirmative defense within a response made to the amended complaint made within 20 days. The principle is that the defendants must have an opportunity to respond to the amended complaints pursuant to CPLR 3025 (d) as though the amended complaint were the original, with defenses of the amended complaint, as though they were original.