Legal Opinion
Piasecki v. Rashib
Appellate Division of the Supreme Court of the State of New York
Decided April 18, 1994PublishedCited by 2 opinions
1Opinion of the Court
—In an action to recover damages for alleged medical malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Dunkin, J.), dated June 29, 1992, which denied his motion to dismiss the *444complaint on the ground that the proper party failed to commence suit pursuant to CPLR 1201.
Ordered that the order is affirmed, with costs.
It is well established that "a person of unsound mind but not judicially declared incompetent may sue or be sued in the same manner as any ordinary member of the community” (Sengstack v Sengstack, 4 NY2d 502; Keown v Wright, 89 AD2d 932; Rau v…
2Cases cited5 opinions
- Sengstack v. SengstackNew York Court of Appeals · 1958
- Anonymous v. AnonymousAppellate Division of the Supreme Court of the State of New York · 1957
- Weldon v. Long Island College HospitalNew York Supreme Court · 1988
- Keown v. WrightAppellate Division of the Supreme Court of the State of New York · 1982
- Rau v. TannenbaumAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by2 opinions
- Huber v. MonesAppellate Division of the Supreme Court of the State of New York · 1997
- Piggott v. Lifespire, Inc.Appellate Division of the Supreme Court of the State of New York · 2017