Rumola v. Maimonides Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In 1998, Anna Rumola, as administratrix of the estate of Thomas Sharp, commenced an action against the defendant. On November 16, 1999, Anna Rumola died. In 2007 the Supreme Court granted the defendant’s motion pursuant to CPLR 1021 to dismiss the action “with prejudice” due to the failure of the persons interested in the decedent’s estate to move for a substitution within a reasonable time. Dawn Rumola, as “Proposed Administrator of the Estate of Thomas Sharp,” subsequently commenced this action based on the same transactions and occurrences as those in the prior action.
The Supreme Court…
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