Legal Opinion
Muth v. Benjamin
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 1985PublishedCited by 8 opinions
1Opinion of the Court
— In a medical malpractice action, plaintiff purportedly appeals from an order of the Supreme Court, Orange County (Isseks, J.), dated October 4, 1983, which granted the motion of defendant Benjamin to dismiss the complaint as to her.
Appeal dismissed, without costs or disbursements.
Plaintiff died on April 11, 1982. No substitution has since taken place as required by CPLR 1015. Under these circumstances, this court has no jurisdiction to hear and determine the instant appeal (see, Arena v Manganello, 31 AD2d 540; Hemphill v Rock, 87 AD2d 836; Byrd v Johnson, 67 AD2d 992; see also, Paul v…
2Cases cited4 opinions
- Hemphill v. RockAppellate Division of the Supreme Court of the State of New York · 1982
- Paul v. AscherAppellate Division of the Supreme Court of the State of New York · 1984
- Byrd v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1979
- Arena v. ManganelloAppellate Division of the Supreme Court of the State of New York · 1968
3Cited by8 opinions
- Bossert v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1988
- Thomas v. Benedictine HospitalAppellate Division of the Supreme Court of the State of New York · 2004
- Grillo v. TeseAppellate Division of the Supreme Court of the State of New York · 1985
- Ludlam Stead, Ltd. v. RezzaAppellate Division of the Supreme Court of the State of New York · 1986
- Schraven v. Town of TonawandaAppellate Division of the Supreme Court of the State of New York · 1997
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