ALAMO v. CITIDENT, INC.

2537, 301876/08

72 A.D.3d 498 (2010)

899 N.Y.S.2d 39

GUADALUPE ALAMO, Respondent, v. CITIDENT, INC., et al., Defendants, and PATRICIA PHIPPS, D.D.S., D.M.D., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 13, 2010.


For purposes of the statute of limitations, defendant dentist was united in interest with the timely-served defendant dental practice (CPLR 203 [c]). Contrary to defendant Dr. Phipps' argument, the language of section 203 (c) and its interpretive case law does not limit applicability of the unity-of-interest rule to new defendants who are sought to be added to an action after expiration of the applicable statute of limitations (see e.g. Rahi

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