Poblocki v. TodoroPoblocki v. Todoro
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiff, individually and as administrator of the estate of his wife (decedent), commenced this action seeking damages for the alleged medical malpractice of defendants in their diagnosis and treatment of decedent. We conclude that Supreme Court properly granted the motion of HealthNow New York, Inc. (HealthNow) seeking permission to intervene in the action pursuant to
We reject the contention of the Todoro defendants that HealthNow‘s motion was untimely and that they are unduly prejudiced by the delay. Although HealthNow did not seek to intervene until over four years from the time that it became aware of plaintiff‘s potential malpractice claims, we conclude that the court neither abused nor improvidently exercised its discretion in granting HealthNow‘s motion where, as here, the Todoro defendants will suffer no prejudice from the delay (cf. Oparaji v Weston, 293 AD2d 592, 593 [2002]; Rectory Realty Assoc. v Town of Southampton, 151 AD2d 737, 737-738 [1989]). HealthNow demands no additional discovery, and the Todoro defendants have already conducted discovery on the various medical expenses paid on behalf of decedent. Contrary to the final contention of the Todoro defendants, the intervention of HealthNow does not increase their liability inasmuch as the complaint sought unspecified damages for all “losses and damages as a result of the defendant[s‘] negligence and malpractice.” Present—Centra, J.P., Lunn, Peradotto, Green and Pine, JJ.