New York & Presbyterian Hospital v. Tishman Construction Co.

OPINION OF THE COURT

Herman Cahn, J.

Defendant Gordon Smith Consultants moves to dismiss the complaint (CPLR 3211 [a] [5]) as barred by the three-year Statute of Limitations for malpractice (CPLR 214 [6]). Plaintiff New York and Presbyterian Hospital (the Hospital) cross-moves to amend the caption to substitute the name “Gordon H. Smith Corporation” for that of defendant Gordon Smith Consultants.

In March 1986, Gordon H. Smith Corporation (Smith) agreed to serve as an “Exterior Walls Consultant” for the plaintiff Hospital on a “task assigned” basis. In a letter confirming the parties’ agreement,…