Legal Opinion
Carrick v. Central General Hospital
Appellate Division of the Supreme Court of the State of New York
Decided December 3, 1979PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Lazer, J.
On this appeal we are asked to decide whether a person who has applied for letters of administration may institute a wrongful death action before the letters are issued. We conclude that she may not.
In November, 1975 plaintiffs husband died, allegedly as a result of the medical malpractice of the defendant hospital and doctor. In September, 1977 plaintiff filed a petition for letters of administration with the Surrogate’s Court, Nassau County, and the following month (Oct., 1977) commenced a *228wrongful death action against the defendants by service of a summons with…
2Cases cited7 opinions
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
- Ratka v. St. Francis HospitalNew York Court of Appeals · 1978
- Goldberg v. Camp Mikan-RecroNew York Court of Appeals · 1977
- Boffe v. Consolidated Telegraph & Electrical Subway Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Boffe v. . Consolidated Telegraph Electrical Subway Co.New York Court of Appeals · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
- In re the Estate of CarrickNew York Surrogate's Court · 1980