Beaufort, SC asked in Civil Litigation for New York

Q: Can I add an additional Defendant to a civil law suit once a trail date has been set?

I filed a civil case in NY against an individual and a corporation (corporation A) . The individual claims to have been acting as an agent of corporation A, but the emails authorizing my activities reflect that he was a President of another corporation (corporation B). I want to name (B) now as well as a defendant.

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1 Lawyer Answer
David H. Relkin
David H. Relkin
Answered
  • Manhasset, NY
  • Licensed in New York

A: I assume you mean a Trial date. It is virtually impossible to add a defendant after all discovery has taken place. There is a small possibility, namely, if you only just discovered the new defendant and can make an argument that prior to now, it was impossible to know that the additional defendant existed as potentially liable or that the present defendant fraudulently deceived you.

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