Orellana v. Malek

— In an action to recover damages for medical malpractice, defendant Malek appeals from an order of the Supreme Court, Kings County (Morton, J.), dated January 28, 1985, which denied his motion to dismiss the complaint for failure to substitute the deceased plaintiffs estate as the proper party plaintiff within a reasonable time, and which ordered substitution of the administratrix of the decedent’s estate.

Order affirmed, with costs.

It was not an abuse of discretion for Special Term to order substitution. Appellant’s motion to dismiss was made within a year of the plaintiffs death and within…