DUFFY v. HORTON MEM'L HOSP.


119 A.D.2d 847 (1986)

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

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 3, 1986


Harvey, J.

When this case was previously before this court (109 A.D.2d 927), we affirmed Special Term's holding that plaintiff's 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 Appeals reversed...

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