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)
- Written by Steven Pacht, JD
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.)
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