Order, Supreme Court, New York County (Milton A. Tingling, J.), entered on or about October 26, 2005, which granted plaintiffs’ motion for leave to amend the summons and complaint to add a subrogation cause of action on behalf of Liberty Mutual Insurance Company, affirmed, without costs.
It is undisputed that plaintiff Robert McHale was seriously injured on July 12, 1999 when the vehicle he was driving, which was owned by United Refrigeration, collided with a truck driven by defendant-appellant Anthony, rented by defendant-appellant Empire Beef and owned by defendant Ryder Truck Rental, Inc. This personal injury action was timely commenced two years later; however, because Ryder declared bankruptcy, and its insurer, Frontier Insurance Group, as well as the insurer for defendants-appellants Anthony and Empire Beef, Reliance Insurance Company, went into receivership, the action was stayed from 2001 until October 2004. As a result, plaintiffs, without notice to defendants, filed a claim with United Refrigeration’s uninsured motorist carrier, Liberty Mutual, that resulted, on May 10, 2004, in a settlement agreement that contained a right of subrogation.
As is relevant to this appeal, on or about June 6, 2005, plaintiffs moved pursuant to CPLR 3025 (b) to amend the complaint to add a subrogation cause of action on behalf of Liberty Mutual. Defendants-appellants Anthony and Empire Beef opposed on the ground that Liberty Mutual’s subrogation claim was barred by the statute of limitations inasmuch as it accrued
Accordingly, limiting our review to the issues raised in appellants’ briefs, it is evident that Liberty’s claim for part of whatever plaintiffs might recover “arises out of the same occurrence that gave rise to plaintiffs’ claim . . . and is similar enough to plaintiffs’ claim that defendant was thereby placed on notice of [the insurer]’s claim” (Omiatek v Marine Midland Bank, N.A., 9 AD3d 831, 831-832 [2004], appeal dismissed 3 NY3d 738 [2004]; see also Kaczmarski v Suddaby, 9 AD3d 847, 848 [2004], appeal dismissed 3 NY3d 738 [2004]). Hence, the relation-back provision of CPLR 203 (f) applies, and Liberty Mutual’s subrogation cause of action is not time-barred.
The concerns expressed by the dissent have no relevance to the issues presented by the parties to this appeal. Defendants Anthony and Empire Beef, as limited by their briefs, have appealed only on the grounds that the relation-back provision of CPLR 203 (f) does not apply and the proposed new cause of action is one for subrogation and not assignment. Ryder, the only party who raised the standing issue before the motion court, has not appealed and therefore must be deemed to have abandoned such issue. Nevertheless, the dissent would reverse and deny plaintiffs’ motion solely on the ground of counsel’s lack of standing, an issue not raised by the appealing parties and not addressed in their brief.
It is well settled that an appellate court’s scope of review is generally limited to those issues that have been appealed and that aggrieve the appealing party (Hecht v City of New York, 60 NY2d 57, 61 [1983]), and that arguments raised below but not