Opinion
2012-02-21
Cheri ROTONDI, et al., respondents, v. Mark DeFAZIO, etc., et al., appellants, et al., defendants.
Bartlett, McDonough & Monaghan, LLP, White Plains, N.Y. (Edward J. Guardaro, Jr., Megan C. Wagner, and Adonaid C. Medina of counsel), for appellants. Sullivan Papain Block McGrath & Cannavo, P.C., New York, N.Y. (Stephen C. Glasser and Susan M. Jaffe of counsel), for respondents.
Bartlett, McDonough & Monaghan, LLP, White Plains, N.Y. (Edward J. Guardaro, Jr., Megan C. Wagner, and Adonaid C. Medina of counsel), for appellants. Sullivan Papain Block McGrath & Cannavo, P.C., New York, N.Y. (Stephen C. Glasser and Susan M. Jaffe of counsel), for respondents.
In an action to recover damages for medical malpractice, etc., the defendants Mark DeFazio, Gregory DeFazio, and Laurence DeFazio, M.D., P.C., appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Dabiri, J.), dated August 10, 2010, as granted that branch of the plaintiffs' motion which was pursuant to *818 CPLR 3025(b)for leave to amend the complaint to add Gregory DeFazio and Laurence DeFazio, M.D., P.C., as defendants.
ORDERED that the appeal by the defendant Mark DeFazio is dismissed, as he is not aggrieved by the portion of the order appealed from ( see CPLR 5511); and it is further,
ORDERED that the order is affirmed insofar as appealed from by the defendants Gregory DeFazio and Laurence DeFazio, M.D., P.C.; and it is further,
ORDERED that one bill of costs is awarded to the plaintiffs.
The Supreme Court providently exercised its discretion in granting that branch of the plaintiffs' motion which was pursuant to CPLR 3025(b) for leave to amend the complaint to add Gregory DeFazio and Laurence DeFazio, M.D., P.C., as defendants. Although the statute of limitations on the plaintiffs' proposed claims against these parties expired before the plaintiffs sought leave to amend their complaint, the plaintiffs successfully demonstrated a basis for application of the relation-back doctrine ( see CPLR 203[b]; Buran v. Coupal, 87 N.Y.2d 173, 638 N.Y.S.2d 405, 661 N.E.2d 978; Rivera v. Fishkin, 48 A.D.3d 663, 664, 852 N.Y.S.2d 284; Monir v. Khandakar, 30 A.D.3d 487, 489–490, 818 N.Y.S.2d 224; Yaniv v. Taub, 256 A.D.2d 273, 275, 683 N.Y.S.2d 35; Connell v. Hayden, 83 A.D.2d 30, 46–48, 443 N.Y.S.2d 383).