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Mekkelson v. Morris L. Cleverley Engineering, P.C – Case Brief Summary (New York)

In Mekkelson v. Morris L. Cleverley Engineering, P.C. (179 A.D.2d 1056, 579 N.Y.S.2d 287 [2d Dept 1992]), plaintiff served an amended summons and complaint without leave of the court within the applicable Statute of Limitations period.

Plaintiffs did not bring the motion for leave to serve an amended complaint until after the Statute of Limitations had run.

The Appellate Division found that plaintiff's complaint was time-barred and their motion should have been denied.