Duffy v. Horton Memorial Hospital

— Harvey, J.

Appeal from an order of the Supreme Court at Special Term (Williams, J.), entered January 3, 1984 in Sullivan County, which granted third-party defendants’ motion for reargument and denied plaintiff leave to serve an amended complaint.

When this case was previously before this court (109 AD2d *848927), we affirmed Special Term’s holding that plaintiffs direct claim against third-party defendant, asserted in an amended complaint, did not relate back to the date of service of the third-party complaint for purposes of the Statute of Limitations (see, CPLR 203 [e]). The Court of…