Legal Opinion
McDonnell v. Draizin
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 2005PublishedCited by 14 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Price, J.), dated April 11, 2005, which granted the motion of Denyse McDonnell, as executrix of the estate of Donald R. McErlean, for leave to substitute her for the deceased plaintiff Donald R. McErlean, and denied the defendant’s cross motion, inter alia, to dismiss the complaint pursuant to CPLR 1021.
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, the cross motion is granted, and the complaint is…
2Cases cited3 opinions
- Giroux v. Dunlop Tire Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Suciu v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Mansfield Contracting Corp. v. PrassasAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by14 opinions
- Reed v. GrossiAppellate Division of the Supreme Court of the State of New York · 2009
- Bauer v. Mars Associates & Normel Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Borruso v. New York Methodist HospitalAppellate Division of the Supreme Court of the State of New York · 2011
- Graham v. HerringSupreme Court of Kansas · 2013
- Largo-Chicaiza v. Westchester Scaffold Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 2011
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