In Alvarado v. Beth Israel Med. Ctr., 60 AD 3d 981 [2d Dept, 2009] a physician who may have caused an duodenal perforation during a procedure was only identified as a potential defendant when questioned as a third party after the expiration of the statute of limitations. In that action, there was no evidence in the record that the defendant "had notice of the pending action before being subpoenaed to give a deposition as a non-party witness." (Id. at 983.) In such a circumstance, the Appellate Division, Second Department held that an individual "could have reasonably concluded that the Plaintiffs' failure to sue him within the applicable limitations period meant they had no intent to sue him, and thus, that the matter had been laid to rest." (Id.)