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CESARE GASPARI, DPM v. SADEH

61 A.D.3d 405 (2009)

876 N.Y.S.2d 46

CESARE GASPARI, DPM, et al., Respondents, v. AMNON ERIC SADEH, M.D., et al., Defendants, and MARLENE FINKELSTEIN, P.A., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 2, 2009.

The motion court correctly found, for purposes of the relation-back doctrine, that Finkelstein was united in interest with the timely sued defendant Amnon Eric Sadeh, M.D. (see Cuello v Patel, 257 A.D.2d 499, 500 [1999]). At all relevant times, Finkelstein, a physician's assistant, was employed by defendant A. Eric Sadeh, M.D., P.C. When the court ruled on her statute of limitations motion, her contention that she and Sadeh were...

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