Wynter v. Our Lady of Mercy Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered April 5, 2002, which granted defendants’ motions to dismiss the complaint pursuant to CPLR 1021 for failure to timely substitute a representative for the deceased plaintiff and denied plaintiffs’ cross motion to substitute a representative of the estate of the deceased plaintiff and to amend the complaint to include a wrongful death cause of action, unanimously reversed, on the law, without costs, the motions denied, the complaint reinstated and the cross motion granted, and the matter remanded for further proceedings.
*377Plaintiffs…
2Cases cited5 opinions
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- Noriega v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Peterson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Schwartz v. Montefiore Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 2003
- Leonardelli v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by15 opinions
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- Rose v. FrankelAppellate Division of the Supreme Court of the State of New York · 2011
- Peters v. City of New York Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- White v. DialloAppellate Division of the Supreme Court of the State of New York · 2017
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