Bonerb v. Richard J. Caron Foundation 159 F.R.D. 16 (W.D.N.Y. 1994) p. 446 Facts B seeks damages for alleged personal injuries sustained when playing basketball on defendant’s basketball court. Original complaint was filed on October 1, 1993, alleging that plaintiff was injured and that defendant negligently maintained the basketball court. On September 1, 1994, plaintiff moved to amend complaint to add new complaint for new cause of action for “counseling malpractice”. Procedural History Arguments Presented Defendant -counseling malpractice claim does not relate back to the original pleading and is thereby barred by statute of limitations Issue Presented Rule Reasoning Allegations of original and amended complaints derive from the same nucleus of operative facts involving injury suffered by plaintiff on November 29, 1991. Original complaint alleges that participation in exercise program was mandatory and that defendant failed to properly supervise plaintiff. This is the same transaction or occurrence that gives rise to amended complaint. Defendant will not be unfairly prejudiced. There has been no delay or bad faith by plaintiff. Holding Judgement