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SHAPIRO v. GOOD SAMARITAN REGIONAL HOSPITAL MEDICAL CENTER

42 A.D.3d 443 (2007)

840 N.Y.S.2d 94

MICHAEL SHAPIRO, Respondent, v. GOOD SAMARITAN REGIONAL HOSPITAL MEDICAL CENTER, Defendant and Third-Party Plaintiff, et al., Defendant. PATHOLOGY ASSOCIATE OF ROCKLAND COUNTY, P.C., et al., Third-Party Defendants-Appellants, et al., Third-Party Defendant.

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

Decided July 10, 2007.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion pursuant to CPLR 3025 (b) for leave to serve and file a supplemental summons and an amended complaint adding the third-party defendants Pathology Associate of Rockland County, P.C., and Orange Pathology Associates, P.C., as direct defendants is denied.

The relation-back doctrine, which is codified in CPLR 203 (b), allows a claim asserted against a defendant in an amended complaint...

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