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MARINO v. WESTCHESTER MEDICAL GROUP, P.C.

50 A.D.3d 861 (2008)

856 N.Y.S.2d 210

MARILYN MARINO, Appellant, v. WESTCHESTER MEDICAL GROUP, P.C., et al., Defendants, and STUART HABER, Respondent.

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

Decided April 15, 2008.

Ordered that the order is affirmed, with costs.

For statute of limitations purposes (see CPLR 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 plaintiff must "establish that (1) both claims arose out of the same conduct, transaction or occurrence, (2) the new party is united in interest with the original defendant, and by reason of that relationship can be charged...

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