## Facts

- Between September 1966 and May 1967, a physician treated a patient for throat ailments; the condition was later diagnosed as carcinoma of the larynx.
- In December 1968, the patient filed a medical malpractice action alleging negligent treatment and failure to diagnose cancer.
- The patient died on June 24, 1969, from the same cancer while the malpractice action was pending.
- The patient’s will was probated and letters testamentary issued on September 18, 1972; the executrix was substituted in the pending personal-injury action.
- In January 1973, the executrix moved to amend the complaint to add a wrongful death cause of action based on the same alleged malpractice and resulting death.

## Issues

1. Whether CPLR 203(e) permits an amended pleading asserting wrongful death to relate back to a timely-filed malpractice complaint when both arise from the same conduct, transaction, or occurrence.
2. Whether the two-year limitations period for wrongful death bars adding a wrongful death claim by amendment after the two years have run, notwithstanding relation back.

## Decision

- The Court of Appeals reversed the order denying leave to amend.
- The court granted the motion to amend to add a wrongful death cause of action.
- The wrongful death claim was deemed interposed as of the date of the original malpractice complaint because it arose from the same conduct, transaction, or occurrence under CPLR 203(e).
- The court concluded the defendant had timely notice of the underlying events and would not be unfairly prejudiced by the amendment.

## Legal Principles

- Under CPLR 203(e), a claim asserted in an amended pleading relates back to the original pleading date if it arises out of the same conduct, transaction, or occurrence.
- Relation back turns on the factual nexus and notice to the defendant, not on whether the amendment asserts a different legal theory.
- A wrongful death claim, though distinct and governed by its own limitations period, may relate back to a timely personal-injury action when death is alleged as an additional consequence of the same tortious conduct.
- Statutes of limitation primarily protect against stale claims and impaired defenses; when the defendant had timely notice of the operative facts, relation back is appropriate absent unfair surprise or prejudice.

## Conclusion

The court held that a wrongful death cause of action based on the same alleged malpractice as a timely personal-injury complaint may be added by amendment after the two-year wrongful death period has expired because the claim relates back under CPLR 203(e) when the defendant had timely notice and suffers no unfair prejudice.


Caffaro v. Trayna, 35 N.Y.2d 245 (N.Y. 1974)