Marino v. Westchester Medical Group, P.C.

In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered January 19, 2007, which granted the motion of the defendant Stuart Haber to dismiss the complaint insofar as asserted against him pursuant to CFLR 3211 (a) (5) as time-barred.

Ordered that the order is affirmed, with costs.

For statute of limitations purposes (see CFLR 203 [b]), in order for claims asserted against a new defendant to relate back to the date the claims were filed against an original defendant, the…