Legal Opinion
Niedermeier v. St. Joseph Hospital
New York Supreme Court
Decided March 7, 2001PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Barbara Howe, J.
Plaintiff, individually and as executrix of the estate of her deceased husband, commenced this action in November 1999 to recover damages for medical malpractice/negligence relating to the care of her deceased husband. Issue has been joined by all defendants, and the case has proceeded well into the discovery phase.
Pending now before me, inter alia, are motions by all defendants (1) to amend their answers to assert the defense that plaintiff lacks the capacity to sue, and (2) upon such amendment, for dismissal of this action. Plaintiff opposes each branch…
2Cases cited18 opinions
- Segal v. RochelleSupreme Court of the United States · 1966
- In Re: Fernando R. Alvarez, Debtor. Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. v. Fernando R. AlvarezCourt of Appeals for the Eleventh Circuit · 2000
- Dynamics Corp. of America v. Marine Midland Bank-New YorkNew York Court of Appeals · 1987
- Sender v. Buchanan (In Re Hedged-Investments Associates, Inc.)Court of Appeals for the Tenth Circuit · 1996
- In Re BobroffCourt of Appeals for the Third Circuit · 1985
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3Cited by2 opinions
- Breslin Realty Development Corp. v. ShawAppellate Division of the Supreme Court of the State of New York · 2010
- LaManna v. CarriganCivil Court of the City of New York · 2003