Trinidad v. Lantigua

Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about July 10, 2003, which, upon the grant of plaintiff’s motion for renewal, inter alia, denied defendants’ previously granted motion for summary judgment and granted plaintiffs motion to amend the complaint to add a cause of action for wrongful death, unanimously affirmed, without costs.

The issue of whether plaintiff should have been granted renewal to submit a certified death certificate in support of her proposed cause of action for wrongful death has been waived by defendants’ failure to appeal from the prior…