In a November 19, 2008 decision, Justice Warshawsky partially granted defendants’ motion to amend its answer to assert additional counter claims, cross claims and third-party claims in an action stemming from the sale of tax deed.
The court partially granted defendants’ motion finding that the opposing parties failed to establish that significant prejudice would result from the amendment or that the statute of limitations had run on certain of the claims.
Nevertheless, the court did deny the motion to amend as to certain new parties finding that there could not be a relation back to the filing of the original answer and counterclaims and because the new parties were not united in interest with the original parties to the action. Last, the court found that it could not at this juncture in the litigation determine the scope of a general release provided to certain of the parties, allowing those claims to go forward.