Legal Opinion

Peters v. City of New York Health & Hospitals Corp.

Appellate Division of the Supreme Court of the State of New York

Decided February 26, 2008PublishedCited by 7 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about May 11, 2006, which denied the motion of defendant Victor Mariani, M.D. to dismiss the complaint for failure to timely substitute a representative for the deceased plaintiff, and granted plaintiffs motion to substitute a representative of the estate of the deceased plaintiff and to amend the complaint to the extent of reflecting such substitution, unanimously affirmed, without costs.

By submitting its expert’s affidavit of merit and a reasonable explanation for the delay in seeking substitution, decedent’s estate showed…

2Cases cited3 opinions

  1. Noriega v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 2003
  2. Wynter v. Our Lady of Mercy Medical CenterAppellate Division of the Supreme Court of the State of New York · 2004
  3. Schwartz v. Montefiore Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by7 opinions

  1. Largo-Chicaiza v. Westchester Scaffold Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Velez v. New York Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 2016
  3. Appleby v. SuggsAppellate Division of the Supreme Court of the State of New York · 2016
  4. Dugger v. ConradAppellate Division of the Supreme Court of the State of New York · 2020
  5. Dugger v. ConradAppellate Division of the Supreme Court of the State of New York · 2020

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