Legal Opinion
Sotille v. Mullin
New York Supreme Court
Decided January 6, 2011Published
1Opinion of the Court
OPINION OF THE COURT
John M. Galasso, J.
Defendant’s application to dismiss the complaint by a motion for summary judgment, which the court considers under CPLR *8133211 (a) (1), (3), (5) and (7) for plaintiffs lack of capacity to sue in the first instance, is granted.
In this dental malpractice litigation, plaintiff Valerie Sotille in her individual capacity commenced the action by filing a summons and complaint on November 28, 2006. The malpractice in the complaint was alleged to have occurred between June 8, 1996 and October 9, 2004. This period was modified in the bill of particulars to…
2Cases cited8 opinions
- Richardson v. OrentreichNew York Court of Appeals · 1985
- Dynamics Corp. of America v. Marine Midland Bank-New YorkNew York Court of Appeals · 1987
- Daniel J. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1991
- LaBello v. Albany Medical Center HospitalNew York Court of Appeals · 1995
- Whelan v. LongoNew York Court of Appeals · 2006
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