The New York Court of Appeals today accepted the following certified question for the United States Court of Appeals for the Second Circuit:
Does New York CPLR 205(a) allow a corporation to refile an action within six months when a previous, timely-filed action has mistakenly been commenced in the name of different, related corporate entity, and has been dismissed for naming the wrong plaintiff?
You can read the decision certifying the question from the Second Circuit here.
NYCL will keep you apprised of the oral argument and resolution of this certified question.