SOTO v. BRONX-LEBANON HOSPITAL CENTER

7066, 306009/08.

93 A.D.3d 481 (2012)

939 N.Y.S.2d 849

2012 NY Slip Op 1766

MIGDALIA SOTO, Respondent, v. BRONX-LEBANON HOSPITAL CENTER, Defendant, and HEIDI DUPRET, M.D., Appellant.

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

Decided March 13, 2012.


Plaintiff's action against Dupret, the attending obstetrician and gynecologist who performed the allegedly negligent abdominal hysterectomy, should have been dismissed as time-barred. The amended complaint naming her as an additional defendant was not commenced within the 2½-year statute of limitations (see CPLR 214-a), and plaintiff failed to meet her burden of demonstrating the applicability of the relation-back doctrine (see Bulow v Women In Need, Inc.,...

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