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Yovane v. White Plains Hospital Center

Citations: 228 A.D.2d 436; 643 N.Y.2d 625; 643 N.Y.S.2d 625; 1996 N.Y. App. Div. LEXIS 6262

Court: Appellate Division of the Supreme Court of the State of New York; June 3, 1996; New York; State Appellate Court

Narrative Opinion Summary

The decedent passed away on May 21, 1992. The plaintiff initiated a wrongful death lawsuit against White Plains Hospital Center on November 8, 1993, followed by a separate action against Dr. Gabrielle Bolton on August 19, 1994, which was later consolidated with the hospital case. The Supreme Court ruled that the wrongful death claim against Dr. Bolton is time-barred, as it was not filed within the two-year limit following the decedent's death, as per EPTL 5-4.1. Dr. Bolton was not included in the initial suit against the hospital and was not added as a defendant through an amendment to that action. The court considered the "relation back" doctrine but determined it did not apply because there was no evidence that Dr. Bolton should have known, within the statutory period, that she was the intended defendant in the original action. The decision was supported by multiple justices, including Bracken, J.P., O’Brien, Joy, and Florio, JJ.

Legal Issues Addressed

Application of the 'Relation Back' Doctrine

Application: The court evaluated the 'relation back' doctrine and concluded it was not applicable because Dr. Bolton had no notice, within the statutory period, that she was the intended defendant in the original lawsuit.

Reasoning: The court considered the 'relation back' doctrine but determined it did not apply because there was no evidence that Dr. Bolton should have known, within the statutory period, that she was the intended defendant in the original action.

Statute of Limitations for Wrongful Death Claims under EPTL 5-4.1

Application: The court applied the statute of limitations, ruling that the wrongful death claim against Dr. Bolton was time-barred because it was not filed within the two-year requirement following the decedent's death.

Reasoning: The Supreme Court ruled that the wrongful death claim against Dr. Bolton is time-barred, as it was not filed within the two-year limit following the decedent's death, as per EPTL 5-4.1.