Duffy v. Horton Memorial Hospital

66 N.Y.2d 473, 497 N.Y.S.2d 890, 488 N.E.2d 820 (1985)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Duffy v. Horton Memorial Hospital

New York Court of Appeals
66 N.Y.2d 473, 497 N.Y.S.2d 890, 488 N.E.2d 820 (1985)

Facts

In August 1979, Celia Duffy and her husband, Joseph Duffy (plaintiffs), sued Horton Memorial Hospital (hospital) (defendant) and others, alleging that doctors at the hospital failed to diagnose Joseph’s lung cancer. Joseph died in May 1981, after which the supreme court allowed Celia to add a wrongful-death claim. In June 1981, the hospital brought a third-party action against Celia’s personal physician, Dr. Isidore Greenberg, who had treated Joseph both before and after Joseph’s hospital visit. After Greenberg’s October 1982 deposition, Celia moved to amend her complaint to add Greenberg as a defendant. Per Celia, her claim against Greenberg was not time-barred because that claim related back to her original claim against the hospital and others pursuant to Civil Practice Law and Rules (CPLR) § 203(e). The supreme court denied Celia’s motion to amend her complaint to add Greenberg as a defendant, ruling that relation back was impermissible and that the proposed claim thus was untimely. The appellate division affirmed. Celia appealed.

Rule of Law

Issue

Holding and Reasoning (Titone, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership