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The court granted the plaintiff's motion to add defendants after the presumptive limitation period, finding a triable issue on discoverability.
The plaintiff, Isobel Kozey, brought a motion for leave to amend her personal injury claim to add Broadleaf Landscaping & Snow Removal Inc. and Triovest Realty Advisors Inc. as defendants, following a trip-and-fall incident.
Broadleaf opposed the motion, arguing the claim against it was statute-barred due to the expiry of the limitation period.
The court granted the motion, finding that the plaintiff provided a reasonable explanation for the delayed discovery of Broadleaf's identity, establishing a triable issue regarding discoverability.
The court also dismissed Broadleaf's arguments of non-compensable prejudice and found it unnecessary to rule on the misnomer principle.
