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Richard Djeddah v. Daniel Turk Williams

New York Supreme and/or Appellate Courts Appellate Division, First Department


February 26, 2013

RICHARD DJEDDAH,
PLAINTIFF,
RACHEL DJEDDAH,
PLAINTIFF-APPELLANT,
v.
DANIEL TURK WILLIAMS,
DEFENDANT-RESPONDENT.

Djeddah v Williams

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 26, 2013

Friedman, J.P., Saxe, DeGrasse, Roman, JJ.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered June 24, 2011, which denied plaintiff Rachel Djeddah's motion to amend the complaint, unanimously affirmed, without costs.

Even if plaintiff received treatment from defendant, any such treatment ceased in or around June 1994. The limitations periods for the claims plaintiff seeks to add to the complaint expired long ago (see CPLR 214-a [medical malpractice]; 215[3] [defamation and intentional infliction of emotional distress]). The "relation back" doctrine does not avail plaintiff because her original pleading asserted only a loss of consortium claim (see 83 AD3d 590 [1st Dept 2011]; CPLR 203[f]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 26, 2013

CLERK

20130226

© 1992-2013 VersusLaw Inc.



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