Legal Opinion
Johnson v. Trivedi
Appellate Division of the Supreme Court of the State of New York
Decided June 8, 2007PublishedCited by 5 opinions
1Opinion of the Court
*1260Appeals from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered February 16, 2006 in a medical malpractice action. The order denied defendants’ motions to dismiss the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Plaintiff died intestate three months following the commencement of this medical malpractice action and, approximately two years after her death, defendants moved to dismiss the complaint based on the failure to substitute her estate as the proper party plaintiff within…
2Cases cited3 opinions
- Egrini v. Brookhaven Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1987
- Macomber v. CipollinaAppellate Division of the Supreme Court of the State of New York · 1996
- Lewis v. KesslerAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by5 opinions
- Borruso v. New York Methodist HospitalAppellate Division of the Supreme Court of the State of New York · 2011
- Rubino v. KrasinskiAppellate Division of the Supreme Court of the State of New York · 2008
- Fitzpatrick v. PalazzoAppellate Division of the Supreme Court of the State of New York · 2007
- Tokar v. WeissbergAppellate Division of the Supreme Court of the State of New York · 2018
- Wilson v. MoseyAppellate Division of the Supreme Court of the State of New York · 2008