Terpis v. Regal Heights Rehabilitation & Health Care Center, Inc.

In an action, inter alia, to recover damages for negligence and violation of Public Health Law § 2801-d, Faruk Terpis, as executor of the estate of Hatice Terpis, appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), entered July 6, 2012, which denied his motion pursuant to CPLR 1015 for leave to substitute himself as a party plaintiff in place of Hatice Terpis and to amend the caption accordingly, and granted the defendant’s cross motion pursuant to CPLR 1021 to dismiss the complaint for failure to timely substitute a representative, with prejudice.

*619Ordered that the…