The relation-back doctrine of CPLR 203(b).

The administratrix of decedent's estate brought a timely medical malpractice and wrongful death action against the state hospital, and then, after the statute of limitations had expired, brought a separate action against two individual physicians. Instead of answering, they moved to dismiss the complaints as time-barred, pursuant to CPLR 3211(a)(5), and the Second Department granted their motions, in Cardamone v. Ricotta, which was decided on January 15, 2008.

The court refused to apply the relation-back doctrine as specified in CPLR 203(b), which requires, among other things, that the newly-named party knew or should have known that, but for plaintiff's mistake as to the identity of the proper parties, the action would have been brought against that party as well.

Here, the court found that plaintiff had not made a mistake but, rather, had not made a timely and genuine effort to determine the identities of the physician-defendants. The court noted that defendants' identities were listed in decedent's chart and in a resident's notes, and found no evidence that these documents were not available to plaintiff before the statute of limitations expired. The court determined that, even if defendants knew about the Court of Claims action, they could reasonably have concluded that plaintiff's failure to timely name them meant that there was no intent to sue them at all and that the matter had been concluded as far as they were concerned.