Does a motion for leave to amend, properly accompanied by a proposed amended complaint, toll on the statute of limitations?
The following excerpt is from Perez v. Paramount Communications, Inc., 686 N.Y.S.2d 342, 709 N.E.2d 83, 92 N.Y.2d 749 (N.Y. 1999):
"As a party has no control over when a court renders its decision regarding the proposed amended complaint, the submission of a motion for leave to amend, properly accompanied by the proposed amended complaint that provides notice of the substance of those amendments, tolls the statute of limitations, even though technically the amended complaint will not be filed until the court rules on the motion" (Moore v. State of Indiana, 999 F.2d 1125, 1131 [7th Cir.1993], supra ).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
