Legal Opinion
Yates v. Genesee County Hospice Foundation, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2000PublishedCited by 3 opinions
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted that part of defendants’ motion seeking dismissal of the claims brought pursuant to EPTL 11-3.2 (b) by plaintiff Pamela G. R. Yates (Yates) in her capacity as voluntary administrator of the Estate of Sean K. Reynolds (decedent) (see, SCPA 1306 [3]). The court also properly dismissed the claims with leave to refile pursuant to CPLR 205 (a) (see, Carrick v Central Gen. Hosp., *92951 NY2d 242, 252; Mogavero v Stony Creek Dev. Corp., 53 AD2d 1021,…
2Cases cited8 opinions
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
- Kennedy v. McKesson Co.New York Court of Appeals · 1983
- Carrier v. Salvation ArmyNew York Court of Appeals · 1996
- Brian Hoxie's Painting Co. v. Cato-Meridian Central School DistrictNew York Court of Appeals · 1990
- Lafferty v. Manhasset Medical Center HospitalNew York Court of Appeals · 1981
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3Cited by3 opinions
- Fox v. MarkAppellate Division of the Supreme Court of the State of New York · 2020
- Yates v. Genesee County Hospice Foundation, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- ADIRONDACK HEALTH-UIHLEIN LIVING CE v. SHAH, M.D., NIRAV R.Appellate Division of the Supreme Court of the State of New York · 2015