Snay v. Cohoes Memorial Hospital

— Casey, J.

Plaintiff commenced this action, seeking damages for the wrongful death of her husband, by service of the summons with notice on defendant Andrew Bania (hereinafter defendant) in January 1983. Defendant promptly served a notice of appearance and demand for the complaint. Shortly thereafter, in February 1983, plaintiff’s attorney advised defendant’s counsel that plaintiff had not yet been appointed administratrix of decedent’s estate, that “we are therefore considering this suit to be a nullity” and that a new action would be instituted in the near future. Plaintiff was granted…