Dawn Bristol, Alesha Powell, and Alexandra Nieto obtain dismissal of Complaint in property damage action on behalf of healthcare provider.

In a property damage action where the named plaintiff was the incorrect party and did not personally sustain any damages, plaintiff sought leave to amend the caption after the expiration of the statute of limitations period. BPN opposed the plaintiff’s motion, and moved to dismiss the Complaint, on the basis that plaintiff did not sustain any damages as alleged in the Complaint. The Court denied plaintiff’s motion, and granted BPN’s motion, dismissing the Complaint in its entirety, finding that application of the relation back doctrine to permit plaintiff to amend the Caption would significantly prejudice defendants where the plaintiff himself was not a proper party, and where the claims of the proposed additional parties were time-barred.