DUFFY v. HORTON MEM. HOSP.


66 N.Y.2d 473 (1985)

Celia Duffy, Individually and as Executrix of Joseph Duffy, Deceased, Appellant, v. Horton Memorial Hospital et al., Defendants. Horton Memorial Hospital and Benab Chau Ting, Third-Party Plaintiffs-Appellants. Jeanne Greenberg et al., as Executrices of Isidore Greenberg, Deceased, Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided December 26, 1985.


Attorney(s) appearing for the Case

Perry Gary Fish and Lester Raskin for appellant.

Monte J. Rosenstein for third-party plaintiffs-appellants.

Terry D. Horner and Myra I. Packman for third-party defendants-respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.


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....

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