HAIDT, ELIZABETH L. v. KURNATH, M.D., JOSEPH F.

Smith, J.E, and Peradotto, J. (dissenting in part).

We agree with the majority that the appeal by Henry Wengender should be dismissed. We conclude, however, that the first amended complaint against Lynn Wengender (defendant) should be dismissed as time-barred because the relation back doctrine does not apply under the circumstances of this case, and we therefore respectfully dissent in part. It is undisputed that the action was not commenced against defendant until after the expiration of the 21/2-year statute of limitations applicable to medical malpractice actions (see CPLR 214-a). Thus, the…