Legal Opinion
Duffy v. Horton Memorial Hospital
New York Court of Appeals
Decided December 26, 1985PublishedCited by 114 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
The question presented is whether a plaintiff’s direct claim against a third-party defendant, which is asserted in an amended complaint, relates back to the date of service of the third-party complaint for purposes of the Statute of Limitations, pursuant to CPLR 203 (e), where the third-party complaint and the amended complaint are based on the same transaction or occurrence. We hold that it does.
Plaintiff and her husband commenced this medical malpractice action in August 1979, alleging that defendants had failed to recognize and diagnose an early stage of the…
2Cases cited22 opinions
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
- Brock v. BuaAppellate Division of the Supreme Court of the State of New York · 1981
17 more not listed; retrieve them via the Exa API.
3Cited by114 opinions
- People v. MateoNew York Court of Appeals · 2004
- McCoy v. FeinmanNew York Court of Appeals · 2002
- Buran v. CoupalNew York Court of Appeals · 1995
- Cullen v. MargiottaCourt of Appeals for the Second Circuit · 1987
- Ackerman v. Price WaterhouseNew York Court of Appeals · 1994
109 more not listed; retrieve them via the Exa API.