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Estate of Eric Stengel v. Good Samaritan Hosp.
Citation: 2023 NY Slip Op 01663Docket: 2020-06913
Court: Appellate Division of the Supreme Court of the State of New York; March 29, 2023; New York; State Appellate Court
Original Court Document: View Document
In the case of *Estate of Eric Stengel v. Good Samaritan Hospital*, the Appellate Division, Second Department, affirmed a lower court's decision denying the plaintiff's motion to amend the complaint to include Donald Krieff as a defendant in a medical malpractice and wrongful death action. The plaintiff, representing the estate of Eric Stengel, sought to amend the complaint after the expiration of the statute of limitations for both wrongful death and medical malpractice claims. The court emphasized that under the relation-back doctrine, a party can be added after the statute of limitations if the claim arises from the same occurrence, the new party shares an interest with the original party, and the new party was aware that the action would have included them but for the plaintiff's mistake in identifying the proper parties. The court found that the plaintiff failed to demonstrate due diligence in identifying Krieff before the statute of limitations expired. The denial of the motion to add Krieff as a defendant was deemed appropriate, as the plaintiff's oversight was not a result of a mistake or inability to identify the correct defendant within the applicable limitations period. Additionally, any request to extend the service period under CPLR 306-b was not considered, as it was raised for the first time on appeal. The order is affirmed with costs.